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#普法行动 #
"I didn't expect her to hide from me for more than ten years..." Wuyuan, Jiangxi, the man is more than fifty years old this year, the family was originally happy and happy, but recently encountered a bad heart; the son who has raised him for more than ten years is not his own child, because Li's family is difficult, coupled with the inconvenience of his legs and feet caused by work injuries in the early years. When Li was nearly forty years old, by chance, Li met his wife Cheng, and the two entered the palace of marriage. Soon, his son Li Xiaomou was born, and Li was even more loved and cherished this "old man". However, Li Mou, who has been immersed in the filial piety of his father and son for nearly ten years, has failed in his dream because of the paternity test report. The more Li wanted to get angrier, he finally went to the court, demanding that Cheng pay the maintenance fee for raising Li Xiaomou for nearly ten years, and asking Cheng to pay 200,000 yuan in compensation for mental damages... (The material comes from the official account of the Chinese court network, and the author has sorted it out slightly)
1. It is true that every family has a difficult scripture to read! Seeing this kind of case, I actually cried and laughed. Many netizens said that it is recommended to endure even if it is more than half a hundred, although the child is not biological, but there is no ability or no way. There are also many netizens who said that Chen Mou is too much, why not give birth to a second child for Li Mou? Of course, as an outsider, you can't stand on the moral high ground to criticize and blame anyone ...
2. In this case, from a legal point of view, the defendant Chen concealed the fact that he was pregnant before marriage, and continued to conceal the relevant facts when he married and lived together with the plaintiff, which violated the obligation of fidelity between husband and wife, so Li could apply the divorce damage compensation system and require Chen to bear the corresponding legal responsibility.
In fact, the obligation of fidelity between husband and wife is not only a moral requirement, but also a mandatory obligation under mainland law. Specifically, according to Article 1043 of the Civil Code, husband and wife shall be faithful to each other, respect each other and care for each other.
In this case, judging from the occurrence of the case, the defendant Cheng did not truthfully inform the fact that she was pregnant when she married Li, which violated the duty of fidelity between husband and wife, resulting in Li registering marriage with Cheng without knowing it and raising Li Xiao for nearly ten years, which obviously violated the duty of loyalty between husband and wife.
Of course, even if, as mentioned above, although the defendant Cheng violated the duty of fidelity between husband and wife, Li could not directly demand compensation or compensation from Chen, that is to say, in judicial practice, plaintiff Li did not have the right to claim compensation from the other party on the basis of not dissolving the marital relationship between the two parties.
Of course, in divorce proceedings, the parties will often file divorce damages, whether the relevant claims are ultimately supported by the court, in fact, here we need to discuss the divorce damages system.
In fact, although the system of divorce damages has a long history, according to the relevant provisions of the Civil Marriage Law, it refers to the legal system in which the marital relationship is broken down only due to the gross fault of one of the spouses, and the faulty party should compensate the non-fault party for the losses.
In fact, according to Article 1091 of the Civil Code, the party without fault has the right to claim damages in the event of divorce in any of the following circumstances: (i) bigamy; (ii) cohabitation with another person; (iii) domestic violence; (iv) abuse or abandonment of family members; and (v) other gross faults.
It can be seen that in addition to the four situations (1) to (4) stipulated in the original Marriage Law, the Civil Code of the Mainland has added "other major faults", which is to break through the original limitations, expand the reasons for the parties to claim damages, so that the divorce damage compensation system can better adapt to social and economic development, and protect the legitimate rights and interests of the non-fault party with the times.
In fact, according to the "other major faults"" clause, in trial practice, judges can include other fault acts other than the four acts in a targeted and conditional manner into the scope of application of the divorce damage compensation system by comparing the severity and degree of harm of the four fault acts explicitly listed in the divorce damage compensation system, and punish the party at fault.
In this case, the local court found that the defendant Cheng X had violated the duty of fidelity between husband and wife, and invoked the situation of "other major faults" in Article 1091 (5) of the Civil Code, and found that Li X, as a non-fault party, had the right to request Cheng to make damages.
In the end, after doing a good job of appeasing the two parties, the judge in charge of the case proceeded from the reasonableness of the interpretation of the law, and finally the two sides reached an agreement: Cheng paid Li 80,000 yuan in maintenance and mental losses for raising Li Xiao for nearly ten years.
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