Because consider children year young, constant gentleman is freewill when divorcing with lady of wife the Kingdom of Wei the one flatlet house that will buy after marriage is donative twin daughter. Unexpectedly after two years, constant gentleman learns a daughter to be not its one's own accidentally unexpectedly, because this is sued,ask cancel is donative, recapture attributes his building portion.
Ex-wife rejects to cooperate new appraisal however. Then, the court is made lawfully conclude...
Marital end: The building is donative twin
Accuser constant gentleman and lady of the accused the Kingdom of Wei married 2003, bore a son 2007 small bright, bore twin daughter 2014 little sweet, little dream. In March 2015, lady of the Kingdom of Wei serves as legal agent, the experience case house that the autograph bought the nominal network with little sweet, little dream to be located in Jiangsu to save Changshu city Yu Shan to press down some village, floor area 127.08 square metre.
In September 2015, constant gentleman and lady of the Kingdom of Wei register a divorce in civil administration branch, both sides agrees in divorce agreement the son is young shine to be brought up by constant gentleman, the daughter is young sweet, little dream is brought up by lady of the Kingdom of Wei, experience case house is Gui Xiaotian of furniture of indoor home appliance, small the dream is all. In October 2016, constant gentleman entrusted lady of the Kingdom of Wei to sell experience case house, the building clinchs a deal the price is 1.22 million yuan, actual price is close after including value of furniture home appliance 1.8 million yuan.
Dash forward unripe misfortune: Portion of man requirement recapture
After divorcing more than two years, in other remind below, whether is little to twin daughter sweet, little dream constant gentleman its kissed production to give birth to suspicion. To solve the doubt in the heart, this year on January 23, constant gentleman is taking a faceless hair to come to company of some biology science and technology have identification of one's own kin, be informed however appraisal conclusion eliminates one's own kin often exists between the person that the gentleman is offerred with hair sending check.
Of the same age in April, constant gentleman tells lady of little sweet, little dream, the Kingdom of Wei court of people of city of Changshu of Susheng of the upper Changjiang region together, requirement cancel what its reach furniture home appliance about experience case building is donative, break up the half share that sells this building and cost of earning of furniture home appliance lawfully, ask appraisal of the accused square burden expends 4000 yuan.
A week after put on record, constant gentleman is being taken again small sweet find another company, had identification to parentage again, check material is bilateral oral cavity mop child, examine the opinion still is the parentage that eliminates both sides.
Give tit for tat: The woman refuses again appraisal
Gentleman of middling of front courtyard careful says, first time appraisal is its mother collected the hair of little dream to hand in what undertake by him directly, kiss twice child appraisal all has a witness attendant, the 2nd times appraisal also has kinescope and photograph to give confirm. He thinks, donative it is to build in have foundation of legal duty to rear to go up, show accuser and the accused one, 2 do not have kin, violated its true meaning, cancel is donative combine feeling lawful.
Lady of the accused the Kingdom of Wei thinks, what accuser just offers is close child survey report, the collection in sample, custodial reach appraisal process to all should not regulation, cause the error of appraisal conclusion directly, close to this child appraisal does not grant to approbate. And, donative it is to be based on the belongings oneself donative other, and the house property that this case involves is not accuser all, oneself are bought to case alien loan, accuser is not contributive, requirement court rejects the litigant request of accuser.
But in the court Shi Ming falls, lady of the accused the Kingdom of Wei rejects to apply for new appraisal, say to also reject to cooperate appraisal below the case that just files new appraisal in accuser.
Forensic court decision: Lawfully illative daughter is not one's own
Forensic cognizance thinks,
Showing accuser to had offerred necessary evidence to prove accuser doubt is like is not the accused the one's own father of little sweet, little dream, and the view that the accused did not offer contrary evidence to overthrow accuser, reject to do below the circumstance that lives to only its have judicatory identification conditionally with therewith in twin children again close child appraisal, court but lawfully illative accuser is not the accused about its the view of father of one's own of little sweet, little dream holds water.
The experience case house that lady of the accused the Kingdom of Wei buys his during marriage puts add is registered directly in the accused the behavior of under one's name of little sweet, little dream, can maintain husband and wife husband and wife of both sides general is collective building of belongings experience case is donative the accused is small sweet, little dream; Both sides of husband and wife returns conventional general when the divorce this building is indoor furniture home appliance is donative little sweet, little dream. Constant gentleman is based on the misunderstanding that has kin afore-mentioned belongings donative the accused is small sweet, little dream, belong to great misunderstanding, accord with our country " contract law " fiftieth of 4 regulations but cancel condition.
To argue of lady of the accused the Kingdom of Wei building of case weighing experience is not husband and wife the opinion of common property, the court thinks, the house that the one party after marriage buys, unless evidence proves bilateral and definite agreement is one party personal property, should maintain otherwise for husband and wife common property, come to because buy house property to give birth to husband and wife,be denied then joint liability, but other case processing.
Show experience case building to already was sold by lady of the Kingdom of Wei, and house money manages for place of lady of the Kingdom of Wei, after reason accuser cancel is donative, accuser has authority to undertake breaking up to afore-mentioned house moneys, obtain its to deserved portion asks lady of the Kingdom of Wei is returned still.
Existence of lady of the accused the Kingdom of Wei conceals two twin children and accuser not to have the fault of kin, the meaning that brings about accuser to produce great misunderstanding to make donative building expresses to cause this second dispute then, the appraisal fee that twice appraisal pays belongs to accuser 4000 yuan to be a proof the essential charge of defray of this case fact place, it is the immediate pecuniary loss of accuser, reason should by fault square namely lady of the accused the Kingdom of Wei is assumed.
Integrated and bilateral circumstance, the court adjudicates cancel accuser finally constant gentleman is young to the accused sweet, little dream about building of experience case house (contain furniture home appliance) donative, lady of the accused the Kingdom of Wei accuses money paid for something purchased or received for something sold of constant gentleman building to Fu Yuan 875 thousand yuan reach appraisal to expend 4000 yuan.
Show this case already become effective is fulfilled end.
Judge view
Basis " top people court about marriage law of applicable < People's Republic of China > the explanation of a certain number of problems (3) " the 2nd regulation, party one party sues a request to affirm parentage, offer necessary evidence to give proof, other one party does not have contrary card to kiss according to rejecting to do again child of appraisal, people court is OK and illative the view that requests to affirm parentage one party holds water.
In marital relation, husband and wife is bilateral feeling of Ying Congzhen cherish, take care of the children, point of view that defends a family to set out, mutual faithfulness, straight-out in order to wait for, otherwise not only the likelihood causes domestic rupture, influence children health grows, still need to face corresponding legal responsibility and moral condemnation.
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