Hao Yi (not his real name) and his wife Qian Mei (not his real name) run a shoe store together, and although the store is not large, the business is not bad, especially on weekends, when there is an endless stream of customers.
Hao Yi is a warm and cheerful person, good at dealing with people, and customers love to hear him tell interesting stories. Qian Mei is a careful person, responsible for taking care of the store's accounts and purchases, and the two cooperate quite tacitly.
Since Hao Yi became obsessed with live webcasts, it has become his habit to lie in bed with his mobile phone every night, watching live broadcasts and swiping gifts.
"Thank you brother for the gift, thank you brother for ......"
Hao Yi looked at the beautiful anchors in the live broadcast room and thanked himself over and over again, and his heart blossomed. Hao Yi felt that as long as he could hear her, it would be worth it no matter how much money he spent.
Qian Mei watched Hao Yi laugh at the mobile phone every day, and felt very uncomfortable.
One night, Qian Mei finally couldn't bear it anymore and opened Hao Yi's gift records, and the total number of bits and pieces added up to form an astonishing figure - 500,000 yuan.
For a moment, she felt the world spinning, and her heart was as painful as frying in a pan without oil. She knew that 500,000 yuan was a huge amount of money for their small family and shop.
Qian Mei spread the gift record in front of him and asked coldly: "Do you like her so much, do you know how much money you spent on her?" ”
When Hao Yi saw the string of numbers, his face suddenly turned pale, and he stammered: "Xiaomei, you listen to my explanation, I ...... I didn't expect it to cost so much ......."
Qian Mei's voice was cold and firm: "Hao Yi, don't think that I don't know that you added her contact information in private, I also know what you two talk about every day, I'm not a fool!" You are violating your duty of fidelity between husband and wife by disposing of our joint property. Do you know what this money means to us? ”
Qian Mei took a deep breath and said, "Hao Yi, let me tell you, I'm going to sue your good sister and ask her to return the 500,000 yuan." ”
Hao Yi was stunned: "Sue? ”
Qian Mei nodded: "Yes, Hao Yi, this is your unauthorized disposal of the joint property of the husband and wife, and I have the right to demand that it be returned." ”
Under the advice of her legal counsel, Qian Mei sorted out all the evidence, including Hao Yi's gift records, bank transfer records, and proof of their joint property.
She filed a lawsuit with the court on the grounds that Hao Yi violated the duty of loyalty to the husband and wife and disposed of the joint property of the husband and wife without authorization, demanding that the anchor return 500,000 yuan.
In court, Qian Mei stated what happened, and the lawyer also presented relevant evidence. "This money is the joint property of our husband and wife, not his personal pocket money. I have the right to request a return. ”
The streamer's lawyer tried to plead his case, but pale in the face of evidence.
After a lengthy trial and many presentations of evidence, the court finally handed down its verdict. Considering the anchor's income on the live broadcast platform and the nature of the gift given by Hao Yi, the court ordered the anchor to return 250,000 yuan of income. Although this verdict did not fully meet Qian Mei's expectations, it was already an important victory.
The judge said: "In view of the actual situation and evidence of both parties in this case, the anchor is ordered to return 250,000 yuan. This judgment takes into account the earnings on the live streaming platform as well as the nature of the gift. It is hoped that both sides will be able to deal with such issues in a more rational manner in the future. ”
Basis of the court's decision: In the case of Hao Yi and Qian Mei, Qian Mei filed a lawsuit on the grounds that Hao Yi violated the duty of fidelity of the husband and wife and disposed of the joint property of the husband and wife without authorization, and the court finally ruled that the anchor should return part of the proceeds.
After this twist and turn, Hao Yi realized that it was wrong for him to indulge in online live broadcast and dispose of the joint property of the husband and wife without authorization, and Qian Mei also defended her rights and interests through legal means.
This experience has taught us that modern society is full of temptations, and we must remain sober and sane while enjoying the convenience that technology and entertainment bring. Family is our common harbor, and husbands and wives should understand and support each other and shoulder the responsibilities of the family together.
I hope that everyone who reads this story can get inspiration from it, cherish the people in front of them, treat every choice in life rationally, and build a harmonious and happy family together.
The main legal provisions on which the court relied include:
Provisions of the Civil Code on gifts: Confirm the nature of gifts.
The provisions of the Civil Code on the joint property of husband and wife: It is confirmed that Hao Yi's unauthorized disposal of the joint property of the husband and wife is illegal.
Live tipping is mainly regarded as a gift in law, but under certain circumstances, the gift can be requested to be returned, especially when it involves the joint property of the husband and wife. If one party disposes of the joint property of the husband and wife without authorization, the other party has the right to demand restitution or recovery in accordance with the law. These legal provisions provide a legal basis for similar disputes and ensure the fairness and reasonableness of property disposal.
Disclaimer: This story is purely fictional, and it is purely coincidental if there is any similarity. The illustrations in the article are from Visual China and have been licensed.