Family Trial Sets and Stops Disputes
Comics/Gao Yue
□ Our reporter Fan Tianjiao, our newspaper intern Wang Tao
Does the "meeting ceremony", "accompanying gift" and "festival gift" during the blind date count as a betrothal gift?
Can I claim back the alimony with "non-refundable" written in black and white?
Can the married daughter inherit the property of the deceased father?
These are common problems in family trials.
Family trial is a comprehensive work that combines reason, reason and law. It is also an important area where court work integrates and promotes social governance. It is of great significance for enhancing judicial credibility and enhancing the people's sense of judicial acquisition.
Recently, a reporter from the "Rules of Law Daily" combed through some family cases handled by Anhui courts. These issues that easily lead to family disputes can find answers.
Break up without registering
When the purpose is not reached the betrothal gift
At the end of April 2020, Zhang met Zhu by a matchmaker, and the two agreed to meet on May 2 of that year.
On the day of the first meeting, Zhang gave Zhu a "meeting gift" of 60,000 yuan in cash as requested by the matchmaker, and Zhang also gave 3,000 yuan in cash to the family who came with Zhu.
On the second day after the meeting, Zhang gave a mobile phone worth 5599 yuan to Zhu. After that, the two got along as lovers.
In a blink of an eye, the Mid-Autumn Festival came. According to local customs and the requirements of the matchmaker, Zhang sent a "Mid-Autumn Festival gift" of 10,000 yuan to Zhu's family.
Seeing the two get closer and closer, Zhang's parents began to marry their son Zhang Luo.
On November 26 of the same year, Zhang followed the request of Zhu's family and transferred 220,000 yuan to Zhu as "beautiful gift money."
On January 20, 2021, Zhang gave Zhu another 12,000 yuan as a "red gift."
Soon after, the two held a wedding in accordance with the customs of their hometown, but did not go through the formalities of marriage registration.
The day after the wedding, Zhu asked Zhang for 5,000 yuan in cash on the grounds of going home.
After that, Zhang and Zhu often had conflicts because of trivial matters, which made this short "marriage" unable to survive.
Zhang wanted to return the betrothal money and all kinds of money paid for Zhu totaled 330,599 yuan, but Zhu and his family refused, and then Zhang sued Zhu and his parents to the court.
After accepting the case, the People’s Court of Yongqiao District, Suzhou City held that the lottery is a large amount of property paid by one party to the other party for the purpose of concluding a marriage in accordance with local customs.
According to Article 5 of the "Supreme People's Court's Interpretation on the Application of Marriage and Family Edition (1)", if the purpose of concluding a marriage cannot be achieved, the party paying the property has the right to request the other party to return it.
In this case, although the plaintiff Zhang and the defendant Zhu had held a marriage ceremony in accordance with rural customs, they did not register the marriage. The plaintiff Zhang’s purpose of entering into a marriage was not achieved, so his request for the defendant Zhu to return the bride price was in compliance with the law. Provisions should be supported in accordance with the law.
As for the "accompaniment gift" and mobile phone sent by Zhang, they are all gifts in the process of entering into the marriage contract, and are not within the scope of the return of the betrothal gift.
Taking into account the actual conditions such as the time the two parties lived together, the court ruled that Zhu and his parents should return Zhang's beauties of 250,000 yuan.
Parenting return payment 100,000
Lack of evidence for the breakup complaint
Li and Cao are husband and wife, and because they are unable to have children, they adopted their daughter Li Moumiao.
In 2015, Li met Zou, who was also a worker while working in a bearing factory, and soon established a romantic relationship.
Soon after falling in love, Li Moumiao became pregnant, so he moved into Zou's home and was taken care of by Zou and his family.
After Li and Cao learned that their adopted daughter was pregnant first when they were unmarried, they went to Zou’s house to quarrel and demand to take the adopted daughter home, claiming to "kill" the fetus, but Li said that they were well taken care of at Zou’s house. I hope to return to the home of my adoptive parents, but the two sides are in a stalemate.
Persuaded by relatives and friends of both parties, Li and Cao agreed not to bring their adopted daughter home, but asked Zou to pay 100,000 yuan "support" as a return for them to raise Li.
Later, under the witness of relatives and friends of both parties, Zou gave the money to Li and Cao, and Li issued a statement to Zou: "Receive Li Miao’s support fee of 100,000 yuan, if Li Miao is paid from The loss of the Zou family has nothing to do with Li Fang, and the money will not be refunded."
Li and Zou’s father, uncle, and neighbors signed the receipt.
At the end of 2015, Zou and Li's children were born, but the two often quarreled over trivial matters in life.
Since the two did not receive a marriage certificate, in July 2020, Li Moumiao registered his marriage with others without telling Zou Mou, leaving the 5-year-old child to be taken care of by Zou's parents.
Zou asked Li's adoptive parents to get back the 100,000 yuan he had previously paid, but Li and Cao refused.
Zou then sued Li and Cao to the People's Court of Jin'an District, Lu'an City, and demanded the return of 100,000 yuan for the "beauty gift".
After the trial, the People’s Court of Jin’an District held that the case was a dispute over marriage contract property. The plaintiff only provided the court with a receipt of 100,000 yuan, believing that the money was a gift money and should be returned, but passed the facts stated in the receipt. It can only reflect that the defendant received Li Moumiao's support fee of 100,000 yuan, and it cannot be ruled out that the amount was paid by Li Moumiao to thank the defendant for his upbringing. Therefore, it is not supported for Zou to identify this amount as a "beautiful gift."
At the same time, when the defendant issued the receipt, it clearly stated that "the money will not be refunded". This agreement does not violate the law. The plaintiff's father and other immediate family members also signed and approved it, so the plaintiff lacked basis for prosecution.
Accordingly, the court ruled to reject Zou's litigation request according to law.
Financial difficulties refused to support
Combine the actual monthly payment
Zhao's family lives in Jing County, Xuancheng City, and his parents divorced early.
His mother is very old and sick and has no source of income, so she can only rely on the basic pensions of rural residents and the support of her children.
But only Zhao's sister and brother were the ones who helped his mother. Zhao has never undertaken the obligation to support his mother.
In this regard, Zhao claimed that he and his wife made a living by doing household farming and doing odd jobs. They also owed foreign debts and had to provide for their children to study. Their own lives were already difficult to sustain, and their sister and younger brother would give their mother 500 yuan a month for living expenses. She has enough to support her mother, and she does not need and refuses to pay for maintenance.
After repeated consultations failed, Zhao's mother reluctantly sued the Jing County People's Court and asked her son to give alimony of 500 yuan a month.
After accepting the case, the Jing County Court held that it is the children's obligation to support their parents, and the children should perform their obligations to support the elderly financially, take care of them in life, and comfort them in spirit.
When children fail to perform their maintenance obligations, parents who are incapable of working or living in difficulties have the right to demand maintenance from their children.
As a child, Zhao has an obligation to support his mother.
Because of old age and frailty, and difficulties in life, his mother asked Zhao to pay alimony and medical expenses, which complies with the law and should be supported.
The amount of alimony should be determined based on the basic living needs of local rural residents and Zhao's ability to undertake maintenance obligations, and shall be determined with reference to relevant regulations.
The Jing County Court ruled that Zhao will pay his mother 300 yuan alimony per month starting from May 2021, and the payment shall be completed before the 25th of each month.
Father's death left an inheritance
Married daughter has the right to inherit
In the 1980s, Tong and her husband jointly built a house in Xinhe Town, Qingyang County, Chizhou City. The couple worked at home and raised three children.
In 2012, Tong's wife died, leaving her to live alone.
During the period, the two daughters often brought rice, noodles, meat, eggs and other daily necessities to visit the old mother, but the youngest son came back less frequently because of his permanent residence in other provinces.
According to Tong's two daughters, the father spent about 5,000 yuan in hospital and medical expenses, and about 20,000 yuan in funeral expenses.
When he was alive, he made it clear that his savings were sufficient to cover his medical expenses and funeral expenses.
But they did not know the specific amount of their father's deposit.
After the father's death, the two daughters considered the mother's old age and frailty and had no fixed income, so they never asked the father's inheritance.
They didn't know the specific amount of the father's inheritance until the mother, Tong, took away all the 90,000 yuan of deposits from his father's name to the younger son without telling them and without the consent of other co-owners.
Later, they asked their mothers and younger brothers to reasonably distribute their father’s inheritance, but they were all rejected on the grounds that “women have no inheritance rights” and that “the old house and money belong to the mother and whoever is willing to give it”.
In March 2021, more than one acre of land cultivated by Tong and her husband was requisitioned. The government allocated 55,995 yuan in subsidies to Tong and was taken out by Tong’s younger son. This matter became the three brothers and sisters. The fuse of the intensification of contradictions.
Tong's two daughters took their mother and younger brother to court, demanding to inherit the old house and money left by their father after his death.
The Qingyang County People’s Court held that although the two plaintiffs were married, they still enjoyed the right to inherit their father’s estate in accordance with the law. Tong and his wife’s self-built houses were owned by Tong and the other half belonged to the heir’s inheritance. Inherited equally by the three children.
Regarding the land subsidy of RMB 55,995, it is the joint property of the husband and wife of Tong and his deceased wife. The share of each heir's inheritance should be the same as the share of the house inherited.
In view of the fact that Tong is over eighty years old and basically loses the ability to work and has limited sources of living, he should be properly taken care of. The court determined that Tong's three children each inherited 6000 yuan in field subsidies, and the remaining 37,995 yuan went to Tong.
For the equal inheritance of more than 90,000 yuan of deposits from his father before the death of the two plaintiffs, it was not supported because he did not provide any evidence to the court.
In the end, the court confirmed the plaintiff’s share of the property rights of the real estate registered in his father’s name, and the defendant paid 6000 yuan each of the land subsidies that the two plaintiffs should inherit.
Relevant provisions of the Civil Code
Article 1067 Where adult children fail to perform their maintenance obligations, parents who lack the ability to work or have difficulties in life, have the right to demand maintenance payments from their adult children.
Article 1127 The inheritance shall be inherited in the following order: (1) First order: spouse, children, parents; (2) Second order: brothers and sisters, grandparents, and maternal grandparents.
After the succession begins, the heirs in the first order shall inherit, and the heirs in the second order shall not inherit; if there is no heir in the first order, the heirs in the second order shall inherit.
Relevant provisions of the Civil Procedure Law
Article 64 The parties concerned shall have the responsibility to provide evidence for their claims.
If the parties and their agents ad litem are unable to collect evidence on their own due to objective reasons, or evidence that the people's court deems necessary for the trial of the case, the people's court shall investigate and collect it.
The people's court shall examine and verify evidence in a comprehensive and objective manner in accordance with legal procedures.
Interpretation of the Supreme Law on the Application of the Civil Code's Marriage and Family Chapter (1) Relevant Provisions
Article 5 Where a party requests the return of the bride price paid in accordance with the custom, the people's court shall support it if the following circumstances are found: (1) Both parties have not gone through the marriage registration formalities; (2) Both parties have gone through the marriage registration formalities but have not lived together; (3) The payment before marriage has caused difficulties for the payer.
Lao Hu Comments
Since ancient times, China has had the fine tradition of family harmony and husband and wife harmony. Harmonious and close family relationships are an important part of people's happy life.
However, with the rapid economic development, some people have gradually become indifferent or even discarded the Chinese nation’s inherent fine tradition of cherishing relationships and affection, while the material living standards have been continuously improved. Brought into the family marriage relationship.
Some people only talk to their relatives about what they want and don’t want to pay, they only talk about their rights and not fulfill their obligations, and some people see benefits when discussing marriage and forget their righteousness. It even caused constant conflicts and frequent disputes, which not only harmed personal happiness, but also affected social stability.
Timely resolution and proper trial of family and marriage disputes are an important way and a powerful way for people's courts to participate in social governance and promote social peace. In family trials, the people’s courts should take account of human conditions and national laws. The social and legal effects are indispensable, so that the people can feel the justice of justice and the warmth of the rule of law, and contribute judicial wisdom and strength to the harmony and stability of society. At the same time, the whole society should also adopt various forms to carry out publicity and education on family virtues, personal virtues, and the provisions of the Civil Code on family and marriage, so that every family member can firmly establish a correct concept of rights and obligations, and in the family and marriage relationship. Strengthen the spirit of responsibility, humility, tolerance and rationality, and continue to consolidate the foundation of family harmony and stability. Hu Yong