Extramarital affair donative be recovered entirely!The original match can recover to small three what money, how recover?


The other half cheated on the ta gift “mistress” of the property can demand return?Cheating is a moral issue but misappropriating the couple’s assets is a legal issue.The husband had an extramarital affair with others, and kept his wife from transferring money to his lover many times, and was eventually discovered by his wife.Recently, shenqiu County People’s Court in Zhoukou city concluded a case of dispute over unjust enrichment, ruling that the husband’s donation was invalid and supporting the wife’s claim to return unjust enrichment.Liu mou and Ma Mou is a couple, the two sides in October 2, 1983 for marriage procedures.In 2018, Liu and Zhang met through wechat chat and developed a relationship.From 2019 to 2021, Liu and Zhang transferred more than 180,000 yuan in red envelopes to each other through mobile phones.After his wife found out, she sued Zhang to the court on November 14, 2021.Request the court to confirm liu mou and Zhang mou’s donative behavior is invalid, judgment its return property and assume legal costs of the case.The effective judgment of the court holds that the focus of the dispute in this case is the determination of the nature of “gift act” and the determination of the amount of cash that should be returned.Article 153 of the Civil Code of the People’s Republic of China stipulates: “Civil juristic acts in violation of compulsory provisions of laws and administrative regulations shall be invalid.However, such mandatory provision does not invalidate the civil juristic act.Civil juristic acts against public order and good customs shall be null and void.”Liu mou to zhang’s transfer belongs to liu mou and Ma mou’s husband and wife common property, Liu mou will be donated to Zhang, in violation of public order and good customs, is invalid behavior.Zhang mou obtains the property based on invalid donative behavior, ought to return 180000 yuan according to law.12 the judge in this case, ryu and ma during the marriage, ryu without authorization will be husband and wife common property donative lover zhang, his behavior not only violates the faithful obligation of husband and wife, also violated, disgraceful consideration violated ma property rights, the gift is deemed invalid, victims of husband and wife a party is entitled to request an affair, on grounds of violation of common property rights be refunded.The defendant Zhang mou knows that Liu mou has a family still maintain improper relations with it, while accepting the man’s property, contrary to public order and good customs, the interests obtained for improper enrichment, should be returned in accordance with the law.According to Article 1062 of the Civil Code, property acquired by husband and wife during their marriage is the joint property of husband and wife.Community property belongs to the husband and wife.The joint property of husband and wife includes salary, bonus, remuneration for labor service, production and operation, investment income and so on.During the period of marriage, both husband and wife have equal rights to dispose of their joint property.The so-called equal disposal right means that husband and wife have equal rights in dealing with their common property.Any party shall have the right to decide on the disposal of the couple’s joint property for daily needs.If the husband or wife does not make an important decision on the disposal of the couple’s joint property because of daily needs, the husband and wife shall consult on an equal footing and reach consensus.Gratuitary gift “third party” property belongs to the common property that is not handled for the daily needs of life. No agreement has been reached (and no agreement can be reached), and the property rights and interests of the other party are damaged.And because the third party is free of charge to obtain the property, does not conform to the constitution of “good faith acquisition”, in most cases, this gift is a violation of public order and good customs, challenge the moral bottom line, need to condemn the behavior.Therefore, the act of bestowing property to a “third party” should be affirmed as invalid.The act of one party of the husband and wife arbitrarily disposing of the couple’s joint property shall be invalid.During the duration of marriage, for the common possession of property, in the case of mutual relationship has not removed, generally should not be divided, for derailment party without compensation to handle the behavior of husband and wife common property, is invalid.Therefore, the spouse without fault has every reason to require the “third party” to return all the donated property to safeguard their legitimate rights and interests, and the people’s court should support the full return.Article 153 Civil juristic acts in violation of the compulsory provisions of laws or administrative regulations shall be invalid.However, such mandatory provision does not invalidate the civil juristic act.Civil juristic acts contrary to public order and good customs shall be null and void.Article 1062 The following property acquired by husband and wife during the period in which they are under contract of marriage shall be joint property of the couple and shall be jointly owned by them:(2) income from production, operation and investment;(3) income from intellectual property rights;(4) inherited or donated property, except those provided for in item 3 of Article 1,063 of this Law;(5) other property that should be in the common possession.Husband and wife shall enjoy equal rights in the disposition of their joint property.Article source: Yufa Sunshine

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