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"The female freshman is not a wife, and the female junior holds the gold bricks. She's 20 years older than me, and I can't accept it," the 35-year-old man explained to friends and family after calling the police in front of the police station.
The man originally wanted to marry his 36-year-old fiancée, but on the eve of the wedding, he learned that his fiancée's real age was 56 years old, and the sibling love turned into a yearless love, and the man collapsed instantly.
Why do women hide their age and associate with men? Is there something unspeakable?
Older young people go on blind dates, and meet "true love"
The man told in the case is Dai, and the love story between Dai and his fiancée Sun began a year ago.
Dai has been poor since childhood, and his appearance and height conditions are also average, so he has always been single in his good years.
After Dai grew up and entered the society, after working hard to save enough for his wife, his mother was permanently paralyzed in bed because of a cerebral hemorrhage, which became a major obstacle for Dai on the road to marrying a wife.
Dai's marriage was delayed again and again, and when the children of the same age were about to graduate from elementary school, Dai was still alone.
One day, Dai Mou asked his uncle to do something, and his uncle was also anxious about Dai's marriage, saying that he had a good character, worked hard and hard, and was willing to feel sorry for people and take care of people, how could it be so difficult to find a partner? In the face of his uncle's questioning, Dai Mou had no choice but to say that he also wanted to open up about starting a family.
My uncle was angry and taught him that old people will only be happy after their children get married and have children, and although your mother is now paralyzed in bed and can't speak, she must have been thinking about your life's events.
Hearing this, Dai sat on the side in frustration, sighed uncontrollably, and said in silence for a long time that it was not that he did not want to get married, but that he had tried so many times on blind dates, but he still did not succeed.
The word "blind date" suddenly woke up his uncle, and he said to Dai that the original intention of calling him was to tell him about the marriage agency, and there was a marriage agency near his house that said that it had succeeded many pairs, so that Dai also went to see.
After lunch, my uncle took Dai to the marriage agency. After the staff learned about Dai's situation, they patted their chests and promised to find him a good daughter-in-law, but they had to pay a 500 yuan introduction fee for Dai first.
In order to live up to his uncle's hard work, Dai patiently filled out a lot of registration forms, and then handed over 500 yuan to the staff.
Unexpectedly, as soon as Dai left his uncle's house and came home, the marriage agency called him. It is said that there is a woman named Sun, and the two are very well matched, but Sun is a divorced lady with a 13-year-old child.
Dai thought about it and thought that a married woman with children would take care of people and live a peaceful life, so he agreed to go on a blind date.
After meeting, Dai Mou saw that Sun was beautiful and easy-going, and he felt very satisfied. The process of eating and chatting between the two was very harmonious, and Sun did not express any dissatisfaction and disgust for Dai, and said that he was very satisfied with Dai when they separated, and Dai was very gratified.
Because the two are in different places, they have been in contact on WeChat since they met. When the two just confirmed their relationship, Dai specifically confirmed Sun's age on WeChat, and Sun told him that he was in 1985.
With the gradual development of the relationship, Sun came to Dai's house several times, and even took good care of Dai's mother every time, helping Dai's mother wash her face and feet, and even massage. Dai Mou thanked Sun for his filial piety and respect, and decided that Sun was the person he was looking for.
After winning Dai's trust, Sun gradually changed. Sun often cried to Dai late at night about her ex-husband's gambling addiction, and also abused her and her children, which made Dai, who had a good character, very distressed, and promised to give Sun happiness.
After learning that Sun also had this idea, Dai followed the custom, prepared to go from engagement to marriage with Sun, and proposed to go to Sun's house as soon as possible to raise relatives and give bride price.
Sun pushed and dragged and said, the two did not need to progress too fast, she did not value these gifts very much. Plus her parents don't care about her business, it's better for the two to continue to talk about love for a while, get to know it deeply, and enjoy love. Dai agreed without thinking about it, and rarely took the initiative to mention the marriage later.
One day, Sun sent a WeChat message to Dai saying that he was running a dibao and had no money in his hand, and wanted to find Dai to borrow some.
Dai Mou did not understand why he still needed money to apply for the dibao, so Sun explained that he did not meet the conditions, but he had a difficult life with his son, and he still wanted to spend money to hire someone to do it.
Dai immediately turned 10,000 over, and also told Sun to find a reliable person to handle the dibao affairs well.
After that, the two still used WeChat to communicate. But soon, Sun said that he was sick and hospitalized and wanted to borrow money, Dai originally wanted to take care of it personally, but there was a paralyzed mother at home who needed to be taken care of and could not leave, so he could only transfer 15,000 to Sun, and Sun also specially said "Thank you for your trust" when collecting the payment.
A few days later, Sun came to accompany Dai for several days, and Dai trusted her even more and began to seriously discuss marriage.
Since the two are still in a different state, when buying three golds, Sun will choose by himself, Sun takes a fancy to a 10,000 bracelet, and transfers the money without saying a word.
Later, Sun asked Dai to help online, saying that his bank card exceeded 200,000 yuan, and the mobile phone transfer was limited, and his niece was anxious to return the money stored here with her, so that Dai would transfer it for him first.
200,000 is not a small amount for Dai, and Dai tentatively transferred a part first, and Sun saw his concern and emphasized to reassure him.
After transferring the money, Sun's attitude towards chatting on WeChat did not change as usual. Dai's doubts were completely dispelled, and he looked forward to marrying Sun.
After struggling with his thoughts, Dai borrowed money to buy a house in preparation for marriage, and Sun was very happy when he found out, so he rented a house directly and moved over, and looked at the house with Dai.
In the process of looking at the house, Sun was carefully dressed. On the day of signing the contract, Sun said a lot of good things and asked Dai to add his name.
Dai, who was originally going to get married, didn't think much about it, so he agreed to Sun's request.
On the eve of the wedding, the truth came, and the lover's sister became an old lady
The day before the wedding was originally a happy day for Dai. He smiled as soon as he opened his eyes, and busily decorated his home. Seeing Dai's appearance, Sun pretended to be disgusted and asked, "As for it, isn't it just getting married?" ”
After hearing this, Dai replied happily, "Of course, after all, I lived until I was 35 years old to marry my daughter-in-law!" ”
When the two finished arranging the wedding room, Sun told Dai that since everything had been done, he would go back to sleep and wait for Dai to marry her tomorrow morning, and then left.
Shortly after Sun left, Dai, who was still immersed in joy, was pretending to be candy when he was suddenly interrupted by a knock on the door, and he opened the door and found his neighbor standing outside.
The neighbor asked his daughter-in-law's name, and Dai told him truthfully.
The neighbor outside the door was full of doubts, and Dai noticed that something was wrong, and quickly asked the neighbor what happened.
The neighbor handed over the ticket and said that he had picked up Sun's ticket in the corridor, but the birth year written on the ticket was different from what Dai said on weekdays, and Sun was not 1985, but 1965!
Dai Mou changed his face instantly, quickly took the ticket from the neighbor's hand, checked the numbers over and over again, and found that the ID numbers were correct! Dai couldn't believe his eyes, but the black words on the white background on the ticket stimulated his eyes fiercely.
According to the age on the ticket, Sun is not 1 year older than Dai, but a full 20 years older, and the sibling love directly becomes a yearless love.
Dai Mou suddenly realized, and finally understood why Sun didn't let herself see her ID card before, and also found various interfaces to shirk when Dai Mou proposed to get the certificate, it turned out that the cat was here!
Although the invitation has been sent, relatives and friends are waiting to drink Dai's happy wine, but when this happened, Dai still couldn't swallow this breath, this marriage he couldn't get married, so he called his relatives and friends one by one to say that the wedding was canceled.
After some tossing, Dai felt that he was being played like a monkey, so he dialed Sun's phone to confront her, but no one answered on the other end of the phone.
The angry Dai got dressed and took a taxi to the police station, telling the police that Sun not only concealed his real age and interacted with him, but also swindled a lot of money from him with others. Now I can't contact Sun, and I have no money.
The age scam is finally solved, and the justice will come
Later, Dai Mou found a reporter to solve the matter, and found that Sun at this time had completely changed his face, and the reporter went to Sun's residence, but he couldn't find Sun at all.
Then called her and asked Sun why he borrowed Dai Mou's money, and Sun couldn't explain it clearly.
The reporter further pressed Sun's age and asked if she was really 36 years old?
He didn't want to push Sun into a hurry, and he roared angrily, "Who are you?" What qualifications and powers do I have to inquire into my privacy? I have no comment on this. ”
In the interview, Dai's neighbors also said that Sun acted like an old lady, not like a person in his thirties.
The people warned Zhidai and the reporter that age is important identity information and cannot be changed casually. The age of registration on the ID card must be the same as the one on the household registration booklet, and if the birth year on Sun's ID card is 1965, then she was born in 1965.
At present, Sun is still hiding and refusing to see Dai, and the creditors are also urging Dai to pay back, and life is suddenly jumping. With the help of the police, Dai has successfully filed a case and is currently waiting to recover his defrauded property.
【Lawyer's statement】
Dai in this case, because he was eager to start a family, gave Sun an opportunity to take advantage of Dai's urgency to cheat money and feelings, which is really embarrassing. Now that the evidence is clear and the facts are clear, Sun will definitely accept the punishment of the law.
Next, let's use professional legal thinking to analyze what kind of legal sanctions Sun will face, and while clarifying responsibilities, it can also help everyone improve their legal awareness.
1. How should Sun be characterized as obtaining Dai's property by deception during his relationship? What legal responsibility should Sun bear?
According to the relevant provisions of Article 148 of the Civil Code, if one actor conceals the truth of the facts or fabricates the facts by fraud, so that the other actor carries out the corresponding civil legal act based on this, when the other actor knows or should know the fraud, it may request the court or arbitration institution to revoke the civil act arising from the fraud.
In this case, Sun, as an adult who has reached the age of 18 and does not have cognitive impairment, is a person with full capacity for civil conduct.
In the process of falling in love with Dai, he has been hiding his real age, deceiving Dai to borrow money in order to do subsistence allowances and pay medical expenses, so that Dai formed a wrong understanding and lent his property to Sun. After letting Dai build his trust in himself, he uses Dai's character to ask for gifts and other expenses.
Sun subjectively had the intention of fraud, and caused losses to Dai's property rights.
Therefore, Sun committed civil fraud against Dai, and Sun lacked an effective legal basis for his possession of Dai's property, and Dai could request the people's court to let Sun return the normal expenses during the relationship.
According to Article 152 of the Civil Code, the right of revocation enjoyed by the actor shall be subject to the statutory period of revocation, and for the actor, it shall promptly apply to the court for revocation within one year from the date when he knows or should know the cause of revocation, otherwise even if the act is fraudulent, its right of revocation has been extinguished.
In this case, Dai discovered that Sun was suspected of fraud and should file a lawsuit or arbitration to exercise the right of revocation within one year from the date of knowledge. Otherwise, Sun can argue that he has lost the right of revocation and cannot request him to return the relevant property.
According to the law, if Dai discovers Sun's fraudulent acts five years after the incident, the period of exclusion expires, and Dai can no longer exercise his property rights.
The maximum period of protection for the right of revocation is five years, and if no grounds for revocation are found within this period, the law will no longer protect the person with the right of revocation.
Therefore, the representative needs to exercise the right of revocation within one year of becoming aware of the cause of revocation, and ensure that the right of revocation has not passed the five-year period of exclusion.
Although from a civil law point of view, Dai can recover the money he lost due to deception in love through judicial proceedings. However, if Dai cannot prove that Sun has committed fraud or exceeded the time limit prescribed by law, he will also bear the risk of losing the lawsuit.
Second, Sun said that because the age of notification involves personal privacy, there is no comment, what should be the view of this?
The right to privacy is the basic personality right enjoyed by citizens, and every citizen's right to privacy should be protected.
However, according to the relevant provisions of Article 7 of the Civil Code, civil entities engaged in civil activities shall abide by the principle of good faith.
The principle of good faith requires that the actor must not abuse his rights in the process of exercising his rights.
In this case, although Sun enjoyed the right to privacy, the privacy rights enjoyed by Sun caused infringement of the property rights of Dai.
Judging by individual cases, in this case, knowing Sun's age will not cause harm to Sun, and Dai's right to know Sun's age is greater than his right to privacy.
Therefore, in such a situation, Sun cannot use privacy as a defense to prevent Dai from knowing her age. Instead, the true age should be disclosed so that it can be judged whether there is civil fraud.
epilogue
Sun in this case, taking advantage of Dai's psychology of wanting to start a family quickly, first concealed his true age in the process of "falling in love" with Dai, and then asked Dai to give him property step by step. During love, cheating money and cheating feelings makes people indignant.
Here's a word to everyone, love is sweet and full of danger. Although we should be sincere with others when we interact with others, we must also protect ourselves.
What do you think about this? Welcome to leave a message in the comment area to discuss!
【Disclaimer】The article case process and pictures are all from the Internet, and this article aims to popularize the law with cases, without vulgar and other bad guidance. If it involves copyright or character infringement in the case, please contact us in time, and we will delete the content! In particular, there are no fabrications in this article.