Jiangmen, Guangdong, a breathtaking thing happened! In January 2013, the woman Chen and the man Zhou registered their marriage. However, in December 2018, Zhou met Li Mou, a female employee of a local company. After that, the two developed into an improper male-female relationship. During the period, in order to please Li, Zhou successively sent red envelopes to Li and transferred a total of more than 660,000 yuan.
But the paper can't contain the fire, and around February 2021, Chen discovered the improper relationship between the two. Chen, who was furious, discovered that Zhou had sent money to Li and kept asking Li to return it.
In the end, Li could not bear the pressure and returned 45,000 yuan to Chen, after which there was no movement. Therefore, Chen sued Li to the court and demanded that he return the remaining 620,000 yuan. After trial, the court upheld all of Chen's requests. (Source: Guangming Network)
In this case, why was Chen able to get back all the money transferred by her husband to her lover Li, and what was the legal basis behind it? A person like Chen Mou, whose feelings and property have been violated, encounters this kind of thing, how should he act to successfully get back his own property?
1. In this case, Chen's husband, Zhou X, sent red envelopes and transfers money to Li X free of charge, but Li did not refuse and accepted them in its entirety. The behavior of Zhou and Li conformed to the characteristics of the gift contract, and the two established a gift contract relationship.
Under the relationship of the gift contract, the property donated by the donor to the recipient must be his own property and cannot dispose of the property of others.
In this case, Zhou delivered money to Li during the marriage relationship with Chen. If Zhou and Chen did not agree on a separate system of marital property, the money disposed of by Zhou should be the joint property of the husband and wife. The rights holder of the joint property of the husband and wife belongs to Zhou X and Chen X, and Zhou X has no right to dispose of it separately before it is divided.
Therefore, the money that Zhou delivered to Li was not entitled to disposition, which affected the validity of the gift contract.
Moreover, the purpose of Zhou's gift of money to Li is to maintain the improper relationship between men and women between the two, which not only violates the due duty of loyalty between husband and wife, but also violates social morality and good customs.
Therefore, the gift contract relationship established between the two people will be invalid due to violation of public order and good customs.
When the court found that the gift contract was invalid, according to the legal consequences of the invalidity of the contract, Li should return to Chen the money that had been obtained but had not yet been returned, that is, more than 620,000 yuan.
2. According to the above analysis, according to the basic rule of "who advocates, who proves" in civil litigation, victims like Chen mainly present two facts: (1) Zhou and Li have an improper relationship between men and women; (2) during the existence of the marital relationship, Zhou paid the total amount of money to Li without compensation.
Generally speaking, the origin of such disputes is that the fact of infidelity is corroborated, so the fact that there is an improper relationship between men and women is relatively easy to prove.
What chen is more difficult to prove is the total amount of the gift, and the facts in this regard are basically in the hands of Zhou. Therefore, when Zhou Mou did not provide the corresponding transfer slip, it is recommended not to be so stiff with it. This facilitates Chen's collection of evidence. If Zhou takes the initiative to cooperate, it is another matter, and the opportunity should be seized quickly.
The occurrence of this case also reminds the majority of netizens that they cannot recklessly engage in things that violate morality and the law, like Li Mou in this case, in the end, people may lose money!
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#Jiangmen Headlines ##Jiangmen##Legal Popularization Action##妻子悉数追回丈夫赠与情人的近70万元 #
