Supreme people's court plans the most to stipulate clearly the wife has an abortion without infringing the husband to bear right without authorization

Supreme people's court plans the most to stipulate clearly the wife has an abortion without infringing the husband to bear right without authorization
Supreme people's court plans the most to stipulate clearly the wife has an abortion without infringing the husband to bear right without authorization
China news, according to sound " News Roundup " of China, " the Supreme Judicial Court solicits the opinion on the judicial explanation of marriage law " issue on the 16th wide November 17 such as Beijing such as network <>,Educational circles, industry expert understand cohabitting and compensating three major focuses outside partition, parenting right, wedding for you. The focus one: The property is cut apart to get married and buy house after 80, parents have been already customary when footing a bill. There are data that show, couple's divorce rate exceeds 20% in some cities after 80. Once couple's emotion breaks, how should the house property which parents buy for children be cut apart? New " solicit the opinion " is pointed out clearly, the real estate bought at the cost of parents of one party after marriage, the property right is registered in the names of contributor's children, the one that can be deemed to one's own children's party is gifted, should assert this real estate is a spouse's personal property. Professional lawyer Yang XiaoLin of China's marriage and family law: The house is a great property. When couple cut apart the property, the focus of the dispute lies in one party maintains the property that one's own parents gifted is to their personal gifting, and its parents claim it is one's own child that it gifts the target; But the other side thinks this property is common property of the couple. The court often thinks, in accordance with current law and judicial explanation, prove parents gift folk prescription without the clear evidence, this property is common property of the couple. Parents are very unfair when gifting one party, may dampen the enthusiasm that parents gift to children, and parents savings all the life often too in the investment, deal with, often can bring the crushing disaster to one party's family while being improper. Before marriage, a spouse pays the down payment, the situation that and buys house in the bank loan in personal property, new " solicit the opinion " stipulates, the real estate is registered in the down payment payer's name after marriage, can regard the real estate as the real estate obligee's personal property while divorcing, the part not returned yet is the real estate obligee's personal debt. Get married, return the housing loan together, but the house belongs to down payment person, such a regulation, to returning to another party of the loan together not just and sound. The Master, researcher of Ins of law,Chi Acad of Social Sciences, Xue NingLan points out, should consider the market value of real estate while divorcing, obligee's party of the real estate carries on reasonable compensation to another party. Xue NingLan: The property right of the real estate is obtained after marriage, but the real estate obtained after marriage is registered in the down payment payer's name, other loans are that couple return the loan with the common property after marriage. Considering the using commonly of the house property of couple, both sides of marriage house are on the principle of expectation interests of the marriage, return the loan with the common property. Though this property is regarded as the personal property, return this part of the loan together, should consider when divorcing current price on market and both sides of this real estate are returned factor of proportion,etc. that the loan takes all loans together, obligee's party of the real estate carries on reasonable compensation to another party, this is a more appropriate method. The focus two: It is couple's warm home to cohabit and compensate the house outside the wedding, but someone uses for living with the young wife in a plush apartment too. Discussed warmly as to this " Investigated and infringed spouse's right three times small " Question,new "solicit opinion "involve. Compensation of relation ask " the opinion " article 3 point out the intersection of marriage and one party, and third party " little 3 " that say usually clearly to cohabit outside the wedding The departure agreement reached, will not have legal effect. Professional lawyer Yang XiaoLin of China's marriage and family law: The relation court is not to stand without exception to cohabit outside in drifting along, the wife can't certainly come to take the money to want the money. But consider the reality of the society of our country at the same time, it is very much that the wife often pays in this case, how to solve in the latter half of one's life? So should give consideration to the legitimate rights and interests of protecting women, present statement is an opinion of compromising, see the person who has spouse cohabits with others, the agreement property of the relation is compensated not to remove cohabitting, but the money has no one that pays, cohabit in one party and bring a suit before court and demand to compensate, the people's court should not support; But if the money compensated has already been paid, you pay this party and require and return, the people's court will not support either either. As to not knowing the other side has been already third party with spouse, the Master, researcher of Ins of law,Chi Acad of Social Sciences, Xue NingLan thinks, belong to the relation of removing cohabitting of this kind of situation and propose compensating, " opinion " should be made correspondingly and completely to different colonies. Xue NingLan: When third party and person who has spouse cohabit, do not know the other side has the spouse, that is to say the third party is ignorant - -Under said well-meaning situation in law, once he (she) It is known that the other side has the spouse, remove and cohabit the relation at this time, because both sides have some such rights and voluntary relations to exist while cohabitting, so it is all right to agree on property compensation. It is directed the protection of the right of person who has spouse but and its cohabitation of the other side against different situations so this one is actually, especially wondered, have not done such a clear definition now. The focus three: Bear right and " solicit the opinion " to have an explanation to bearing right question newly for the first time. The opinion stipulates: The husband suspends gestation without authorization with the wife, infringe it and bear right in order that from what has been asked for compensation for damage, the people's court refuses to support. Xue NingLan thinks, women bear the risk of the health damage that may bring, such a regulation has protected women's right of life and health. Xue NingLan: The main reason stipulated like this, we acknowledge bearing right that the couple share on one hand, bearing the realization of right can be realized by both sides' consensus and common behavior. But on the other hand we will see again, while born, women are bearing such a responsibility different from man, women from pregnant to produce, foetus and health of her easy to damage during this time, damage of the life that she should assume the risk that born and bring from this in this course. Determine, stop the intersection of gestation and such an behavior in the intersection of women and oneself, she protect one's own the intersection of body and the intersection of life and health and action of right actually, do a special protection to such a behavior legally.


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