Recently, the Shenzhen Longhua Court accepted a number of civil litigation cases arising from an emotional dispute between a man and his wife and a third party, which not only involved the civil code on the obligation of fidelity between husband and wife, the standard of payment of maintenance, etc., but also involved legal issues such as the determination of the validity of the contract.
First case
The husband cheated on the property, and the wife sued to recover it
Xie Mou (husband) and Zheng Mou (wife) have been married for more than thirty years. In marriage, Xie met another woman, Wan Mou, outside, and in the long run, the two developed into a romantic relationship. Subsequently, in 2012, the third party Wan gave birth to a daughter, Wan said that the child was Xie's, and asked Xie for money on this grounds, and Xie generously transferred more than one million yuan to buy a property in Hunan and registered it in the name of Wan's daughter.
However, after Xie's wife Zheng discovered the fact that Xie had cheated on the house, she sued Xie, Wan and their daughter to court, demanding the return of all the purchase price of more than 1.11 million yuan and interest of more than 120,000 yuan.
What is even more surprising is that after Zheng sued, Xie conducted a paternity test with his "daughter", and the results showed that the "daughter" was not Born to Xie. (There should be green here)
Finally, Zheng's lawsuit against the return of house money and interest reached a mediation agreement under the auspices of the Longhua Court, and Wan transferred the property under his daughter's name to Mr. and Mrs. Xie. However, this is the first in this chain of cases!
Second case
Millions of assets are donated to a small three, and the donation is invalid
Then, in 2021, Zheng sued the court again, demanding that Wan return the property donated by Xie, totaling more than RMB5.47 million and interest on capital occupation of more than RMB1.81 million. Subsequently, the court made a judgment confirming that Xie was invalid in the gift contract between Wan and his daughter, and ordered the above three people to jointly return more than 5.47 million yuan to Zheng.
The legal issue that deserves public attention here is that in the case of the wife's non-approval, the man's act of giving to a third party is invalid from the outset. Articles 153, 155 and 157 of the Civil Code of the People's Republic of China stipulate that civil juristic acts that violate mandatory legal provisions or violate public order and good customs are invalid from the outset, are not legally binding on the parties, and the property acquired by the parties as a result of such acts should be returned.
In this case, during the existence of his marriage relationship with Zheng, Xie still developed a relationship with a third party outside the marriage, which clearly violated the fidelity obligation between the husband and wife and the social order and good customs. At the same time, based on this improper relationship between men and women, Xie also donated a large amount of joint marital property to a third party and the so-called "daughter", which violated the legal provisions on the joint property of husband and wife in the Civil Code. Therefore, the act of privately donating property to a third party is a case of improper disposition of the couple's common property, and the act of donating is invalid from the outset if the wife does not approve it. The court's decision was reasonable.
Civil Code of the People's Republic of China
Article 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, this mandatory provision does not render the civil juristic act invalid.
Civil juristic acts that are contrary to public order and good customs are invalid.
Article 155:Invalid or revoked civil juristic acts are not legally binding from the outset.
Article 157:After a civil juristic act is invalid, revoked, or determined not to have taken effect, the property acquired by the actor as a result of that act shall be returned; if it cannot be returned or is not necessary, compensation shall be made at a discount. The party at fault shall compensate the other party for the losses suffered as a result; if each party is at fault, it shall bear corresponding responsibilities. Where the law provides otherwise, follow those provisions.
Third case
Xiao San gave birth to a daughter and demanded that the man pay maintenance
The matter did not end there, in 2021, Wan gave birth to a daughter again, and sued the court to demand that Xie pay a one-time maintenance of 6.48 million yuan for his daughter (younger daughter) born out of wedlock for 18 years.
Wan believes that the younger daughter is the daughter of him and Xie who gave birth out of wedlock and is still in early childhood, and urgently needs a large amount of living expenses, and he has no source of income because he takes care of his daughter, so xie should bear the above-mentioned maintenance expenses. At this point, the third civil case litigation caused by Xie's extramarital affair is still continuing.
Wan's request for maintenance can also be legally supported, provided that Wan has enough evidence to confirm that the younger daughter is Xie's biological daughter.
Because according to Articles 1067 and 1071 of the Civil Code of the People's Republic of China and Article 42 of the Interpretation of the Supreme People's Court on the Application <中华人民共和国民法典>of the Marriage and Family Part (I) and other legal provisions, children born out of wedlock enjoy the same rights as children born in wedlock, and the biological father or birth mother who does not directly raise a child born out of wedlock shall bear the maintenance of a minor child born out of wedlock, and the amount of the maintenance fee may be based on the actual needs of the child. The affordability of both parents and the actual standard of living in the local area are determined, and can generally be paid in the proportion of 20% to 30% of their total monthly income.
At present, the case is being heard by the court, and Zhifajun will continue to pay attention to the case with you!
Article 1067 Where parents fail to perform their maintenance obligations, minor children or adult children who cannot live independently have the right to require their parents to pay maintenance.
Parents whose adult children do not fulfill their maintenance obligations, lack the ability to work or have difficulties in living, have the right to demand that the adult children pay alimony.
Article 1071:Children born out of wedlock enjoy the same rights as children born in wedlock, and no organization or individual may endanger or discriminate against them.
The biological father or birth mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or the adult child who cannot live independently.
The meaning of marriage is that the two hold hands and run a better life together. In this case, the husband Xie Mou repeatedly violated the duty of fidelity between husband and wife and privately donated the joint property of husband and wife to others according to the law, which has violated the provisions of the law! As a third party, Wan Mou, knowing that others have a family, still asks for property under the guise of having a daughter, and it is only natural that the court will return the property!
Don't forget the original heart to be able to always, love should not be so, know the Law Jun wish you to love and cherish!
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