Wrong a bridge among drama of movie and TV paragraph the person that contacts together with real life is absent a few, have this kind of view that a lot of people can notice to green loss is expended about amative phase talking in the men and women for example, the husband and wife that marries to divorce again even has one party to also can follow other in part to ask for his green loss to expend, and mostly the woman asks for green loss expenses with the man. Small make up believe party is in when asking for green loss to expend, had not considered to expend jural support in our country green loss at all?
One, does in our country youth the loss expend jural support?
Look from legal angle, was not approbated directly and cost of divorce youth loss bears. Green loss expenses is the word that a folk develops and comes, the person that is a divorce gets because of him heart traumatic, think oneself are in inferior position position in marriage and pay more than the other side, the hope wins economically compensation when divorce. Party of some females marriage thinks, marry inside shorter time, divorce inside shorter time again, feeling oneself serve as a female is " deficient " , because this asks when the divorce the man ought to offer certain green loss compensation, this does not have legal basis.
Our country " marriage law " the regulation that expends without compensatory youth loss, green cost also does not belong to the category of mental damages, the compensation that asks green loss is expended so does not have legal basis. Besides both sides marries is a kind of voluntary action, if have green losing really word, both sides has a loss, is not to only the woman just has a loss, additionally youth is not a kind of right substantially, it can disappear as the course of time, although do not marry, youth also can disappear, won't stay in some hour. Law does not have the regulation that expends about green loss.
2, marriage law made compensation provision
Basis " marriage law of People's Republic of China " relation of written agreement marriage keeps the 40th husband and wife the belongings of earning returns during add respective and all, because one party cradles children, attend job of other one party of old person, assistance give more obligation, the divorce counterpoises to request to compensate to another from time to tome, other one party ought to give compensation.
When the 42nd divorce, if one party is badly off, in answering to wait for personal property from its housing, other one party offers proper help. When specific measure won'ts do by agreement of bilateral agreement; , by people court court decision.
However, "The loss expends divorce youth " this word in actual life is used widely by common people, judicatory solid Wu also avoids the dispute to this problem hard. The explanation from legal clause is applicable on look, with " the loss expends divorce youth " apter is " mental damages " .
3, is divorce woman OK requirement damages?
Basically see the man whether have fault.
According to active " marriage law " regulation, marital damages is only below the circumstance that the domestic force, bigamous, person that have a mate and other live together, forensic ability adjudicates fault just offers compensation.
Usually, people court won't adjudicate damages. If have fault because of the man, can request to compensate for, without, not OK, basis " marriage law " the 46th regulation: Have one of following state, those who bring about a divorce, without fault Fang Youquan requests damages:
(One) bigamous;
(2) the; that the person that have a mate and other live together
(3) the; of executive family force
(4) mistreat, of abandon family member.
Accordingly, the other side has fault, can apply for to compensate for, as to compensation how many, how many the harm that should see a victim cause has and decide.
Pass small organize jural to green loss expenses support after the detailed explanation of this problem, this idea that green loss expends was not mentioned among marriage law and other law, imply the support that asks for green loss expenses to have to be less than law at all with the other side. Actually we change kind of point of view, in love or marital phase, because this paragraph of current feeling was forfeited,oneself feel green, why of that the other side is not!
Each district leet does not meet what accept to condition of all and civil suit certainly, so the accuser among divorce suit also just is to expect a court quite for certain can as soon as possible inform accepted announcement, such ability are representing his divorce lawsuit, in before long will pull open formally in the future prelusive. How long be because this has many citizens that prosecute a divorce to compare attention, our country to sue a divorce to want time to accept?
How long is the divorce sued to want time to accept in our country?
1, time of civil suit put on record is commonly inside 7 days.
2, " code of civil law " regulation:
Court of the 112nd people obtains indictment oral perhaps sue, via examining, think to accord with those who sue a condition, ought to be inside 7 days put on record, inform party; thinks not to accord with those who sue a condition, ought to not grant to accept; accuser to be opposite in the ruling inside 7 days ruling disaffected, can mention appeal.
" code of civil law " regulation:
The case that applicable and average order hears court of the 135th people, ought to be in since the day of put on record inside 6 months careful knot. Special situation needs prolate, by approval of this academy dean, can lengthen 6 months; to still need prolate, apply for approval ranking people court is approved.
Court of the 146th people is applicable and simple and easy the program hears a case, ought to be in since the day of put on record inside 3 months careful knot.
Court of the 113rd people ought to be in since the day of put on record inside 5 days send indictment copy the accused, the accused is in since received day inside 15 days put forward to rejoin shape.
The accused puts forward to rejoin of shape, people court ought to be in since received day inside 5 days will rejoin state copy dispatchs prosecutor. The accused does not put forward to rejoin of shape, do not affect people court to try.
The case that court of the 114th people hears to the decision, ought to be in hear a case advice note and concerned litigant right obligation is told to party in should appealing to advice note, oral perhaps inform.
After the member that the 115th collegiate bench group grows up is affirmatory, party ought to be told inside 3 days.
Personnel of the 116th adjudgement must material of lawsuit of serious examine and verify, investigation gathers necessary evidence.
When court of the 117th people expedites personnel to undertake investigating, ought to to the certificate that be shown by investigation person.
Investigation notes via be being investigated after person read and revise, by be signed by investigation person, investigation person or affix one's seal.
The courtyard is in standard of the 118th people to be able to entrust courtyard of foreigner civil code to investigate when necessary.
Entrust investigation, must raise specific project and requirement. It is OK to suffer courtyard of client civil code active compensatory investigation.
After sufferring courtyard of client civil code to get a power of attorney, investigation ought to be completed inside 30 days, cannot finish because of reason, courtyard of client civil code ought to be accused in the case inside afore-mentioned deadline.
The time of put on record of the civil case that provides among the code of civil law cannot exceed 7 days quite normally below the circumstance, after so we present divorce suit state to the court, be in 7 the notice that whether accepts about the court can be received in the day. Nevertheless, it is not certain that the case was accepted by leet representing immediately can sessional, the cognizance of divorce lawsuit should not exceed 6 months not to break the law only. The detailed introduction that how long time accepts wants to sueing a divorce namely on put together.
