Judges Interpretation of "Thirty Only" by Civil Code
This summer, the urban drama "Thirty Only", launched from the perspective of three thirty-year-old women, blasted the circle of friends. This hit drama not only records the emotional crisis and confusion faced by adults of a certain age, but also shows Many legal problems that people often encounter in life. Regarding the legal aspects in the play, the judges of Beijing No. 1 Intermediate Court and Haidian Court used the Civil Code to interpret.
Aspect 1
One party buys a house before marriage and repays the loan after marriage. How does Chen Yu and Zhong Xiaoqin divide the house?
The marriage of Zhong Xiaoqin and Chen Yu in the play broke the audience's heart. When the two parties were divorced in the Civil Affairs Bureau, Chen Yu unilaterally expressed that he would give Zhong Xiaoqin half of the real estate that he paid the down payment before marriage and repaid the loan after the marriage. So, how to divide the real estate that "one party buys a house before marriage and repays the loan together after marriage"?
The Supreme People’s Court’s judicial interpretation stipulates that if one spouse signs a real estate sales contract before marriage, pays the first payment with personal property and obtains a loan at the bank, and repays the loan with the husband and wife’s joint property after marriage. If the real property is registered in the name of the first payment payer, the divorce Real estate is handled by mutual agreement. In other words, the two parties can divide the property in any proportion from 0% to 100% according to the negotiation situation. According to the plot, the down payment, loan repayment and agreement mode of the real estate in the drama all comply with the provisions of this article, so the ownership of the real estate should be 50% of the shares agreed by both parties.
So the question is, what if the two parties cannot reach agreement through negotiation? A judge of the Intermediate People's Court stated that the judicial interpretation of the Supreme People's Court gave the answer: If an agreement cannot be reached, the people's court can rule that the real property belongs to the party that registered the property rights, and the unreturned loan is the personal debt of the party that has the property rights registration. The two parties jointly repay the loan payment after marriage and the corresponding amount of value-added property. When divorcing, according to the principle of taking care of the interests of the children and the woman, the property registration party shall compensate the other party.
That is to say, in this case, the ownership of the house belongs to Chen Yu, and Chen Yu pays Zhong Xiaoqin's house compensation based on the amount of mutual loan repayment after marriage and the value of the house. Combined with the judgment of the length of time that Chen Yu and Zhong Xiaoqin were married for only three years in the play, it can be seen that Chen Yu did make huge concessions in the division of real estate. No wonder it has shaken the previous indifference and selfish personality.
After the divorce, Chen Yu finally put down his figure and proposed to remarry with a straight male expression of "I don't want to divide the house into half of you". Regardless of whether the two can get back together, does this sentence alone make sense in the distribution of real estate? The judge held that, according to Article 39 of the Marriage Law: When a divorce occurs, the joint property of the husband and wife shall be dealt with by mutual agreement. Therefore, according to the divorce agreement signed and retained by both parties in the Civil Affairs Bureau, unless Zhong Xiaoqin expressly agrees to the other distribution plan proposed by Chen Yu, Chen Yu has to enjoy the rights of the property in accordance with the content of the agreement and Zhong Xiaoqin at a 50% share.
Chen Yu and Zhong Xiaoqin finally chose to remarry after exhausting thousands of sails. So, how will the ownership of this property change? The judge believes that based on the fact that the house will only be released next year, the two parties will not request the division of the house for the time being, so the ownership status of the house is still shared. According to the relevant provisions of the Property Law, joint ownership includes joint ownership and joint ownership. The common occurrence is generally based on a certain personal relationship of the right subject, such as husband and wife relationship, family relationship and joint inheritance relationship. In the play, the relationship between Chen Yu and Zhong Xiaoqin was terminated before the formal formalities for the remarriage were completed. Therefore, after the divorce, the ownership of the real estate was specifically shared by both parties at a 50% share. According to the existing marriage law, remarriage does not change the nature of the pre-marital property, so the real estate is still the pre-marital property of each party in 50% share by Chen Yu and Zhong Xiaoqin. After the real estate certificate is issued, either party can claim to terminate the joint relationship and divide the real estate.
Aspect 2
Gu Jia bought Mrs. Li's tea factory full of bad debts, is there really no way?
In the play, Gu Jia got into Mrs. Li's trap, and her brain was hot, and she bought a tea factory full of debt problems. Mrs. Li said that Gu Jia didn't ask, and she didn't say anything. Can Gu Jia really only admit it?
According to Qin Pengbo, assistant judge of the Haidian Court, Article 148 of the Civil Code stipulates that the fraudulent party has the right to request the people’s court or arbitration institution to revoke a civil legal act that a party uses fraudulent means to make the other party commit a civil legal act contrary to its true meaning. Article 500 stipulates that in the process of concluding a contract, the parties shall be liable for compensation if one of the following situations causes losses to the other party: (1) Under the guise of signing the contract, negotiating maliciously; (2) Intentionally concealing important facts related to the conclusion of the contract Or provide false information; (3) Have other behaviors that violate the principle of good faith.
Therefore, when the method comes, Gu Jia does not necessarily have to be taken advantage of. She can exercise the statutory right of revocation within the time limit and demand compensation from Mrs. Li.
Aspect 3
Xu Huanshan has money to spend for Lin, does Gu Jianeng want to go back?
In the play, after Xu Huanshan derails Lin Youyou, he helps Lin Youyou pay for hotel room and house rent, buy air tickets and other expenses for her. Will his wife Gu Jianeng come back for these expenses?
Although Article 1062 of the Civil Code stipulates that spouses have equal rights to deal with joint property, Article 153 also stipulates that civil legal acts that violate public order and good customs are invalid. Therefore, according to the provisions of Article 157, after a civil juristic act is invalid, revoked, or determined to be ineffective, the property acquired by the perpetrator due to the act shall be returned; if it is impossible or unnecessary to return, it shall be compensated at a discount.
According to Qin Pengbo's analysis, derailment in marriage is a violation of social morality and public order and good customs. One spouse can claim the return of the common property of the spouse to the third party as a gift given to a third party by one spouse. Accordingly, Gu Jia's "threat" to get the money back is based on law.
Aspect 4
Is the agreement between Wang Manni and General Wei legal?
In the play, Wang Manni and President Wei, who returned to Shanghai in the play, agreed that if Wang Manni worked in the designated position for three months, she could become the manager of the M store. Otherwise, she would be President Wei’s personal assistant, available on call. To. Is this conditional agreement valid?
Article 109 of the Civil Code stipulates that the personal freedom and personal dignity of natural persons are protected by law. Article 153 also states that civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. Civil juristic acts that violate public order and good customs are invalid. However, according to the provisions of the contract, some clauses of the contract are invalid, and other clauses are not of course invalid.
Therefore, for this conditional agreement, the former option is valid, while the latter option is invalid.
Aspect 5
Xu Huanshan cheated, how much compensation can Gu Jia get for divorce?
In the play, Xu Huanshan derails. If the lawsuit is divorced, will Gu Jianeng share more property?
Article 1087 of the Civil Code stipulates that at the time of divorce, the joint property of the husband and wife shall be dealt with by agreement between the two parties; if the agreement fails, the people's court shall make a judgment based on the specific conditions of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. Article 1091 stipulates that if one of the following circumstances leads to a divorce, the innocent party has the right to request damages: (1) Bigamy; (2) Cohabitation with others; (3) Domestic violence; (4) Abuse, Abandoning family members; (5) Other major faults.
Qin Pengbo pointed out that legally, the determination of cohabitation is relatively strict, and Xu Huanshan and Lin Youyou did not live together, so it is difficult for Gu Jia to obtain compensation for divorce damages. However, as a woman, she has obtained custody of Xu Ziyan and is a no-fault party. Gu Jia meets the three requirements. When the court divides the property of the husband and wife, she will be inclined to her.
Aspect 6
How does the law treat Wang Manni's debt collection?
In the play, Wang Manni worked as a collection post for three months, and the process was miserable. How does the law treat debt collection?
First, the law supports creditors in safeguarding their legitimate rights and interests. Article 579 of the Civil Code stipulates that if one party fails to pay the price, remuneration, rent, interest, or fails to perform other monetary debts, the other party may request the payment.
Secondly, a highlight of the compilation of the Civil Code is the provision of self-help behavior. Article 1177 stipulates that if the lawful rights and interests are infringed, the situation is urgent and the protection of the state organs cannot be obtained in time, and the lawful rights and interests are irreparably damaged if the measures are not taken immediately, the victims can be detained within the scope necessary to protect their lawful rights and interests. Reasonable measures such as the property of the infringer; however, the relevant state agency should be requested to deal with it immediately. If the victim takes improper measures and causes damage to others, he shall bear tort liability.
Finally, the law strictly prohibits violent collection and other collection chaos. For example, deliberate use of the debtor’s privacy to pressure collection, collection from third parties unrelated to the debt, use of “soft violence” or “hard violence” and other rogue methods to collect collections, and threatening collections by impersonating public prosecutors. Such collection behavior will be suspected of intentional injury, illegal detention, and extortion, and will be severely sanctioned by the criminal law. Our reporter Gao Jian Lin Jing correspondent Wang Xin