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TITLE Supreme Court Decision 2015Meu654, 661 Decided February 18, 2016¡¼Marriage Annulment etc., Divorce¡½ [full Text]
Summary
[1] Whether ¡°fraud¡± under Article 816 subparag. 3 of the Civil Act includes failing to give notice or remaining silent in the negative sense (affirmative)
Requirements to deem failure to give notice or remaining silent an illegal deception, and in this context, the means to determine whether a duty to give notice is found on grounds of custom or reason
[2] Means to determine whether a failure to give the other party notice of one¡¯s past childbirth constitutes a ground for marriage annulment under Article 816 subparag. 3 of the Civil Act
[3] Whether a failure to give the other party notice of one¡¯s past childbirth constitutes a ground for marriage annulment under Article 816 subparag. 3 of the Civil Act in cases where pregnancy as a victim of child sexual assault led to child birth but the relationship with the child was severed, with neither any custody of, nor any contact with the child for a considerable time (negative), and whether the same is applicable to international marriages (affirmative)
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