Guide language
Cohabitational relation, be not regular marriage relation, not applicable husband and wife is collective the regulation of belongings.
Small musical instrument
Be indignant! Male friend takes the advantage of me to be absent, the disbursement that lands me treasure transfers 40 thousand yuan, look for him to want, he does not give, how should I do?
Chongqing city
Laogao: Calculated, male after all girlfriend one.
Laogao of reply of small musical instrument: But 40 thousand yuan are not a decimal eye after all.
A Long: Broken bits male! Beat him!
Dragon of A of reply of small musical instrument: Blame me to misread a person.
Small east: How he says?
Response of small musical instrument is little east: He says these 40 thousand yuan count the common property during we live.
Small east: Complete nonsense! You did not get card, the what that which come to is collective belongings? His otherwise gives, you are sued.
Old Gao Fo is,
His proposal already was rejected by small musical instrument...
A dragon strength is urgent,
Hit a person to cannot be taken of course!
Surplus is small east,
Does his view rely on chart?
Help small musical instrument wanted money to come back?
Walk into this period case,
Announce answer to a riddle
Did not get card, begin to live together
He Xiaogang of small musical instrument was acquainted in July 2017,
Those who pass period of time get along,
Two people hit it off perfectly,
Established amative relationship very quickly,
After this,
Two people feeling warms up quickly,
Develop to talk about the degree that marriage talking marries.
After had seen bilateral parent,
The marriage of He Xiaogang of small musical instrument was knocked to decide,
Bilateral and consultative go ahead of the rest holds spousal,
Subsequently conduction marriage is registered.
After spousal is held,
He Xiaogang of small musical instrument begins cohabitational life,
Did not deal with all the time during marry formalities.
Without agreeing, illicit rotation Zhang
However,
Cohabitational life does not resemble He Xiaogang of small musical instrument
In the imagination so good,
As the further development of association,
Each other are mixed in disposition the estrangement of ideal respect
Expose gradually come out,
Bicker quarrel become normal state,
Two people relation goes gradually gradually far.
Final,
After intense brawl passes,
"Part company " 2 words burst forth from inside their mouth.
Because do not have conduction marriage to register from beginning to end,
They are in " say to come loose " condition,
Concern to put add hard soon,
Selfish calculations hit in little firm heart:
"The cost during living together is my burden more very,
Think way is done. Think way is done..
On Feburary 24, 2018,
Small musical instrument goes out, forget to take a mobile phone,
Small the password that just depended on previous memory,
The disbursement that took the chance to land small musical instrument treasure account,
Turn to oneself account Zhang 40 thousand yuan.
Small musical instrument after coming back to discover,
Ask small just returned still,
Little strong different desire.
Both sides talks things over not if really,
Small musical instrument is sued to the court,
The request sentences Ling Xiaogang to return 40 thousand yuan when return privately to transfer to reach accrual.
Form tort, ought to return still
Autonomous county of the Tujia nationality of Miao Zu of water of Chongqing city Peng
People thinks after forensic cognizance:
Small musical instrument, small firm both sides fastens cohabitational relation, the belongings issue that reason produces during live together, ought to provision of applicable and common law, and cannot the about belongings of husband and wife relevant law provision in applicable marriage law. Small firm proper motion turns the behavior of Zhang does not have fact and legal basis, and caused loss of belongings of small musical instrument, ought to assume return return responsibility of losing of belongings, compensation.
Adjudicate as follows then: Small musical instrument of small firm compensation pays interest 40 thousand yuan (accrual is base with 40 thousand yuan, according to the corresponding period of Chinese people bank congener loan is standard interest rate is a standard, from the computation since Feburary 24, 2018 paid day stops) .
Small just refused to obey, mention appeal.
The 4th intermediate people of Chongqing city court
Cognizance hind enters a judgement:
Reject appeal, maintain original judgement.
With case view
This case controversy focus
Small whether does the belongings that just paid treasure account to transfer through small musical instrument attribute tort action, the loss that cause should be denied give compensation.
Case experience belongings is not common property
" marriage law of People's Republic of China " the seventeenth regulation: "Husband and wife puts add in marital relation during the following belongings of earning, gui Fu wife is collective and all: (One) salary, bonus; (2) production, management profit; (3) the accrual of intellectual property; (4) the belongings of successive or donative earning, but Benfadi 18 except of the 3rd regulation; (5) other ought to return collective all belongings. Husband and wife is right collective all belongings, have equal discretion. " common property maintains the husband and wife of this regulation the department undertook conjugal registering with both sides, establish spouse concern is important document.
In this case, cohabitational concern of small musical instrument and small strong department, be not regular marriage relation, not applicable husband and wife is collective the regulation of belongings. Individual of small musical instrument pays the belongings inside treasure account to belong to its personal property, do not belong to small musical instrument and small the common property during just living together. " general principles of civil code of People's Republic of China " the 113rd regulation: "The property right of civil main body suffers legal equality to protect. " property ownership is to show everybody is enjoyed to his belongings lawfully have, use, the right of accrual and punish. The 120th sets: "Civil rights and interests gets of enroach on, be had to counterpoise by the infringer request infringer assumes tort responsibility. " small just agreed without small musical instrument, the disbursement that do sth without authorization enters small musical instrument treasure account turns to oneself Zhang pays 40 thousand yuan, enroach on the belongings of small musical instrument counterpoises, the belongings loss that causes to small musical instrument ought to assume liability to pay compensation.
The judge sends word
In the life, cohabitational spouse often lives jointly like husband and wife; However, be in jural, cohabitational spouse does not concern because of living together, generation and the person with marital similar concern and property law concern. Accordingly, the proposal has marry the spouse of intent, still choose the way that registers through marriage, to his marriage the relation gives legal protection, the safeguard with law lives after the marriage that gives his.
Author / Zhangze carries Lei Shuyan
