Grassroots lawyers also have spring

Chapter 124 Discussion
"Yes, it's a vixen. When my wife is not at home, I will go find her and stay at her house..." Before the disheartened man could finish speaking, the temperamental lady interrupted him directly: "Just get to the point! Between you two There is no need to mention those disgusting people."

"it is good.

When I was living with that woman... vixen, I transferred a few sums of money to her through the bank behind my wife's back, a total of more than 30 yuan, and later she transferred more than 5 yuan to me..." The dingy man stammered .

"Let me say it. The purpose of our visit this time is to get the money back. You can see how to sue and come up with a plan." Ms. Temperament said firmly.

"Okay, did you two bring the transfer record?" Zheng Yi said.

"I brought it here, and it's all for you." As he said that, the dingy man hurriedly took out a plastic folder from his handbag, which contained no bank transfer records.

"This is the transfer record, as well as the other party's identity information, address, contact information, and receiving account." The dingy man said.

Zheng Yi took the information and read it roughly.Good guy!The information is quite complete, even a copy of the ID card.

"Okay. We've come up with a lawsuit in the past two days, and we'll talk about it after you read it!" Zheng Yi said to Ms. Temperament.

Of course, I have to tell Ms. Temperament about this matter, as long as you are not blind, you can see who is in charge of the two people on the opposite side!

After copying a copy of the case materials, Wang Chuan and Zheng Yi sent the temperamental lady and the gloomy man out of the gate of the law firm. They didn't turn back until the elevator door closed.

Wang Chuan slapped his forehead and said, "Lawyer Zheng, let's confiscate the consulting fee!"

Zheng Yi was taken aback for a moment, and then he smiled: "No! Director Niu specifically confessed that no consulting fee will be charged!"

Wang Chuan sat at his desk, sorting out the case materials one by one.Zheng Yi went downstairs to smoke with Fatty Wan who had just returned from the court session.

Early the next morning, Director Niu called Zheng Yi and Wang Chuan into the office.

"Zheng Lu, did you come up with the lawsuit plan for Ms. Wang's case yesterday?" Director Niu asked, holding up a large teacup.

"When I got off work yesterday, Wang Chuan sent me a version, and I adjusted it. It is generally OK, but there are still some small details that need to be adjusted."

Zheng Yi didn't expect Comrade Lao Niu to come to ask about the lawsuit plan as soon as he went to work. Originally, he wanted to find an opportunity to go out and buy pancakes, but it seemed that there was no hope!

"Send me the plan first, and let's discuss it. Call Xiao Pan and Xiao Wei in, and let's listen together." Director Niu said.

"Wang Chuan is also involved in Ms. Wang's case. Let him introduce the case. By the way, let me introduce the plan. I will add it." Zheng Yi said in a tone of asking for opinions.

Director Niu nodded.

After a while, Wei Ping and Pan + Jinlian walked in with a notebook and a pen.

"Okay, let's start!" Director Niu opened the lawsuit plan sent by Zheng Yi and said.

"The facts of the case are as follows. Ms. Wang's husband, Mr. Zhao, had an extramarital affair with a female employee of the same unit while Ms. Wang was away doing business, and it has lasted for more than a year.

During this period, Mr. Zhao transferred more than 30 yuan to his mistress, that is, the female employee, through the bank, and his mistress transferred more than 5 yuan to him.

After we checked the transfer records provided by Mr. Zhao and deducted the transfer amount from his mistress, Mr. Zhao transferred a total of 27 yuan to the female staff.

We checked the QQ chat records provided by Mr. Zhao, and there was no intention of borrowing money in the records. I checked relevant cases and legal regulations. The transfer between Mr. Zhao and his mistress can be understood as a gift.

However, the money that Mr. Zhao donated to his mistress is the joint property of his husband and wife, and was paid without the knowledge of his wife, Ms. Wang. We can apply to the court to rule that the gift between Mr. Zhao and his mistress is invalid.

But asking for the full return or just a partial return of gifted property, I'm not sure.Because the court judgment was not found, accurate information cannot be obtained based on some case reviews on the Internet.

Some lawyers advocate the full return, because such donations are against public order and good customs, and the other party's consent should be obtained for the disposition of marital property, otherwise it constitutes no right to dispose.

There are also some lawyers who advocate partial return, because each of the husband and wife has the right to dispose of half of the property in the joint property, and the uninformed party can request the return of the part of the property that he deserves. "Wang Chuan said eloquently.

"Do you think it should be returned in full or in part?" Director Niu asked Wang Chuan.

"Well... return all of them, I agree with the first opinion." Wang Chuan thought for a while and said: "Because this kind of gifting behavior is against social public morals, against public order and good customs.

If the court decides to return part of the property, it is implying that one of the husband and wife can dispose of the joint property of the husband and wife at will, and it is not easy to distinguish which belongs to one party and which belongs to the other.

Moreover, the party who has an extramarital affair can completely claim that the disposition of the money belongs to him. If the husband and wife do not divorce, the reduction of the joint property of the husband and wife will undoubtedly damage the interests of the other party.

If the court decides to return all of them, it can be used to warn the cheating party and his mistress, and at the same time correct the social atmosphere.Improper relationships should be sanctioned, and if one of the parties benefits from it, that is the biggest injustice of the law! "

After Wang Chuan finished speaking, everyone looked at him and did not speak for a long time.

"Xiao Wang! You have grown up." Director Niu smiled, and after five seconds, he turned to Zheng Yi: "What do you say?"

"I support Wang Chuan's point of view. You can advocate full refund, but you should be more conservative in the plan, reminding customers that there is a legal risk of partial refund, although I think this possibility is very small." Zheng Yi said.

"Well, what about the others?" Director Niu asked Wei Ping and Pan + Jinlian.

"Can you sue with a loan? Anyway, it's a bank transfer. Although the QQ doesn't mention the loan, it doesn't say it's a gift!" Pan + Jinlian said suddenly.

"Well, if you advocate borrowing, the two parties have no intention of borrowing. It is estimated that it will be difficult to be supported!" Wei Ping said.

"Okay, let me state my opinion.

First of all, the lawsuit cannot be based on the loan, because there is an improper relationship between the two parties, and it is normal for lovers to give each other gifts, but the loan seems a little unreasonable and unreasonable.Unless both parties expressly borrow money.

Secondly, the reason for arguing that the act of donating is invalid is the same as what Wang Chuan said.

Again, the full amount can be claimed. From the perspective of public order and good customs, I believe that the judge will make this judgment.Laws are formulated to ensure the normal functioning of society. Improper relationships are obviously against public order and good customs, and should be sanctioned, and the donations should be returned.

The so-called joint property of husband and wife, each of the husband and wife owns half of the property rights is only the right given to the husband and wife by law under normal circumstances, and it cannot oppose public order and good customs.Except for the interests of the family, either spouse must seek the consent of the other spouse to dispose of common property.

However, the risk of the reminder still needs to be reminded. "

(End of this chapter)