Expansion or Narrowing of Defects Causing Cancellation of Marriage

Because of the outbreak of diseases such as AIDS which are followed, as compared by defects causing cancellation of marriage such as insanity, by serious losses, some questions arise: May suffering contagious and fatal diseases such as AIDS and hepatitis be considered as one of the defects causing cancellation of marriage? And may the spouses be allowed to cancel the contract of marriage because of such a defect or have we, as is well-known in jurisprudence, to limit defects causing cancellation to some particular ones among which are not AIDS and the like? And is the wife who cannot benefit the right of divorce forced to live all her life with a sick man? Or, proving distress and constriction or harm, may she apply for divorce? (To apply for divorce takes, of course, long time). Referring to the previous studies, the present writing makes clear that the argument for limitation of defects causing cancellation of marriage may be criticized; and in addition to the rules of no harm and no distress (which have been referred to in the previous studies), other arguments may be appealed to according to which defect causing cancellation of marriage are not restricted to those mentioned in the texts.