"We have lived together for more than 20 years, how can we not be husband and wife?"
A Jiangsu woman lost her life due to an accident, but she didn't expect her own son and boyfriend to have a disagreement over the accident compensation, and finally the court was admirable.
Is there anything behind it?
The unexpected happens
Litchi News released a news item on July 28, which gave many netizens a new understanding and view of their current marriage relationship.
Li, a woman in Jiangsu, rode an electric car out on the day of the incident, but she didn't expect to accidentally collide with a motor vehicle driven by Wang at the intersection.
However, because Li was seriously injured, even if he called the police in time to rescue him, it was to no avail, and an innocent life passed away like this, which is distressing.
In the face of this traffic accident, the traffic police conducted a careful investigation of the accident scene, investigated before and after the accident, and finally determined that both parties had the same responsibility.
And Li's sudden death caught many people off guard, and Li's son sued the motor vehicle driver Wang in court, but he didn't expect that Li's boyfriend Lao Yuan would also have to appeal and distribute the compensation this time!
In the early years, Li and her ex-husband divorced, and after negotiation between the two parties, his son Xiao Yang was raised by his father, and he has been living alone until the appearance of Lao Yuan.
The two fell in love at first sight, and after learning that Lao Yuan was also divorced and had a child, the three of them moved in together and formed a new family, which lasted for 20 years.
But the two feel that it doesn't matter much whether they have a marriage certificate or not, and it is better to live a good life than anything else.
This time, Li's accident came suddenly, whether it was his son Xiao Yang or her boyfriend Lao Yuan, they were a little caught off guard.
This time, Li's traffic accident caused a certain loss, and Xiao Yang sued Wang, who caused the accident this time, to court!
After Li's boyfriend Wang Lao Yuan learned about it, he filed a lawsuit as the plaintiff in this case, asking for the distribution of compensation, which was approved by the court.
Why did the court approve it, and does the marriage relationship between Lao Yuan and Li count?
The verdict of the matter
Li and Lao Yuan have a de facto marriage, but after February 1994, the "Marriage Law" no longer recognizes de facto marriages, and the two people who have not received a marriage certificate are only cohabitants.
But at the time of the trial, Lao Yuan and Yuan handed over the relevant evidence when they and Li lived together, proving that the two had lived together for more than 20 years.
Yuan not only provided a certificate from the police station, but also took out a certificate from the village committee, and in addition, Lao Yuan also invited Li's brother to testify in court for himself to prove the marriage relationship between the two and the fact that the two had lived in the name of husband and wife for more than 20 years.
The court investigated and reviewed the evidence he submitted, and learned that when Li was sick and hospitalized, Lao Yuan would also give him money for treatment, and the two of them were also family units in the land contracting and management rights submitted.
And Li's funeral after the accident was also undertaken by Lao Yuan and Yuan. These evidences can prove that Lao Yuan and Li have indeed lived together for more than 20 years.
The court held that although the parties did not obtain a marriage certificate, the evidence did prove that the two lived together and had the obligation to support each other. And the evidence also shows that both parties live together as husband and wife in their daily lives.
Regarding this determination, the mainland has relevant regulations, for those who are raised more by the deceased, they are eligible to inherit the inheritance under certain circumstances.
This time, Li died in an accident due to a traffic accident, and strictly speaking, the compensation received belongs to the Traffic Accident Dispute Office and does not belong to the inheritance.
However, in determining the relevant facts, various factors will be taken into account, and the relevant laws and regulations on inheritance will be referred to.
At the same time, according to Li and Lao Yuan's own conditions, if Yuan is not allowed to participate and distribute, Lao Yuan is likely to have difficulties in his life in the future.
Considering many reasons, Lao Yuan's appeal was finally approved.
Final word
The final compensation for this accidental traffic accident is more than 900,000 yuan, considering that Lao Yuan and Li have lived together for more than 20 years, the two parties have reached a maintenance relationship.
After considering many aspects, the court finally ruled that the two parties should jointly distribute the compensation this time, and the total compensation for this accident traffic accident was more than 900,000 yuan, and after consideration, Lao Yuan accounted for 40 percent, and Li's own son Xiao Yang accounted for the majority and got 40 percent.
In the face of this incident, many netizens said that they really didn't expect it to be like this! This knowledge point is indeed something that no one could have thought of before!
However, many netizens expressed curiosity about why the two have lived for so many years but have not divorced!
Some netizens speculated that it is really very likely that the two parties do not want their private property to be related to each other? However, some netizens believe that based on the life of both parties for more than 20 years, it is likely that they simply have a weak sense of law.
But some netizens are very curious, doesn't the de facto marriage law not exist?
In fact, de facto marriage is a flexible existence in terms of relevant regulations.
A de facto marriage, simply put, is a kind of marital relationship, which is generally a man and a woman who live together in the name of husband and wife without obtaining a marriage certificate, and live together for the purpose of permanent life.
However, after February 1, 1994, the Marriage Law of the mainland no longer recognizes de facto marriages, and the fact that the Marriage Law that regulates the mainland does not recognize de facto marriages does not mean that the law will completely disapprove the fact of marriage.
A de facto marriage can be flexible to a certain extent, such as bigamy convicted in criminal law.
If you want to dissolve a de facto marriage, it is also more difficult, because there is no unified standard, and if you want to dissolve it, you need legal means, but the dissolution method is different in many regions.
Although the existence of a de facto marriage will be recognized to a certain extent, it does not mean that a de facto marriage has the same legal effect as a registered marriage.
Therefore, the protection of de facto marriage by law is quite limited, and it is very difficult to prove, so it is most important to choose legal registration for the sake of everyone's legitimate rights and interests.
What do you think about this?
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(Personal opinion, if there is any similarity, it is pure coincidence!) Friends who like it can click on a wave of attention and look forward to the follow-up of the story! ）
Information sources:
Weibo account "Chang'an Court" released content on July 29 (Law Popularization Living Room - Can I Share the Inheritance Without a Marriage Certificate After Living Together for 20 Years?) ）
Weibo account "Litchi News" released related news on July 29 (woman died in a car accident, cohabiting man received 40% compensation)
360 Encyclopedia (popular science related to de facto marriage entries)