Husband wins property battle in Heshan, Guangdong

2022-06-22 0 By

In order to curry favor with his extramarital lover Li, a Heshan man surnamed Zhou secretly sent wechat red envelopes to his lover and transferred nearly 700,000 yuan without his wife Surnamed Chen. In order to get justice, a furious Mr. Chen sued his mistress Li to court.Recently, heshan People’s Court (hereinafter referred to as “Heshan Court”) on the gift contract dispute case made the first instance judgment, the court applies the principles of public order and good customs of the civil Code and socialist core values, confirmed that Zhou and Li’s gift contract is invalid, Li must return the gift to Chen obtained more than 620,000 yuan.Brief Introduction The plaintiff Chen mou and the third person Zhou Mou are husband and wife, the two registered marriage in January 2013.The defendant Li mou is heshan city a company employee, and Zhou mou met in December 2018, after the development of improper relationship between men and women.Without the knowledge of the plaintiff, Surnamed Chen, Zhou paid a total of more than 660,000 yuan to the defendant through wechat transfers and bank transfers between December 2018 and February 2021.Later, the defendant Li returned a total of 45,000 yuan to the plaintiff Chen from April to May 2021.The judgement of heshan court think, first of all, owes a duty of loyalty to each other between husband and wife, except otherwise provided by law or otherwise agreed by the parties, the property obtained during the existence in marriage as the common property of husband and wife, husband and wife jointly owned, a gift of a third party without the consent of the spouse will jointly property, has no right to dispose of the behavior of the common property of husband and wife;Second, the third weekend in XXL and the plaintiff during the duration of marriage and the defendant li mou illicit sexual relations, and the third one week without the consent of the plaintiff XXL will be common property without authorization donative defendant li mou, li mou accept donative amount, the weekend and li mou to act fact donative contract breach of article 8 of the civil code of the principle of disgraceful consideration,Seriously damaged the legitimate rights and interests of the plaintiff Chen, the gift contract is invalid, the plaintiff Chen as an interested party involved in the gift contract, has the right to put forward a request to confirm the contract is invalid;Finally, the defendant li mou after accepting the donated money, without authorization, dispose of used in the maintain illicit relations with the weekend, also infringes upon the lawful rights and interests, the plaintiff XXL as spouse undermine morality, goes against the socialist core values, is not conducive to good family trait of cultivation and construction, donative contract is invalid, the proceeds shall be returned.The court then made the above judgment in accordance with the law.Yi Zhaofeng, the presiding judge of the interpretation of the law, said that article 1 of China’s Civil Code takes “promoting socialist core values” as one of its legislative purposes, and Article 8 stipulates that civil subjects shall not violate laws or public order and good customs when engaging in civil activities.This article is an important embodiment of the principle of public order and good customs.According to Article 153 of the Civil Code, civil juristic acts that violate compulsory provisions of laws and administrative regulations are invalid, and civil juristic acts that violate public order and good customs are invalid.As a result, the defendant li mou some with a third person based on illicit sexual relations outside of marriage is donative contract breach by the disgraceful consideration is invalid, it is the affair such as violation of ethics explicitly give negative evaluation, introducing the socialist good moral ethics applicable law, give full play to the judicial referee for lead, norms and social values orientation,It is of great significance to practice and cultivate socialist core values to guide the people to consciously uphold correct moral concepts and good social manners with the power of the rule of law.Source: People’s Court of Heshan, Guangdong Province