The beginning was serious, and the opposite side was scared by me and called the police!
Chapter 142 Jincheng's face changes when he hears Qin Qin, and the sky-high betrothal gift!
Chapter 142 Jincheng's face changes when he hears Qin Qin, and the sky-high betrothal gift!
This enthusiastic look...
It made Qin Mu a little uncomfortable.
"Let me introduce first, this is my son, Wan Feizhang, come quickly...call him Uncle Qin."
Wan Zhongyuan smiled, pointed to the young man on the sofa and said.
"Dad, he's about the same age as me, are you sure you want me to call him uncle?"
The young man was full of reluctance.
Wan Zhongyuan glared at him, and snorted coldly: "What do you know? Now is a society ruled by law. Learning some laws from your Uncle Qin is enough for a lifetime."
talking.
He looked at Qin Mu seriously again, with a very complicated expression on his face.
The cases in the Jincheng court these days...
It caused a sensation in the whole city.
Of course he knew it too.
and.
The case...
It was Qin Mu who made it.
All the newspapers outside are queuing up for interviews.
3000 and [-] people were sentenced collectively!
Combined with the other "cases" he had learned from the old people in the courtyard, he no longer dared to put on the airs of a leader in front of Qin Mu.
Those who know the law...
It's really scary.
"Ahem, Xiao Qin, it's like this, I'm looking for you this time..."
Wan Zhongyuan took a deep breath and explained the reason.
"Isn't my son 27 years old this year? He fell in love with someone and we've been talking for several years. During this time, he planned to get married. The parents of both parties met last month, and the other party proposed a bride price of 66 yuan."
"66?"
Qin Mu's eyes widened, and the corners of his mouth twitched.
God damn 66!
He had heard of exaggerated dowry gifts these years, but he had never seen one that was so exaggerated.
In the third-tier small counties, buying a house is only 70 million.
Can get married...
Has it risen to this point now?
"Yes."
Wan Zhongyuan smiled wryly, and sighed: "We also think the bride price is a bit high, but the other party refuses to give in at all, and even said that if they don't give 66, the marriage will not be concluded."
"No way, we had no choice but to grit our teeth, collect enough 66 yuan, and turn it over to the other side."
"I thought we could prepare for the wedding after the betrothal gift was given, but the other party suddenly raised the price, saying that it would cost 88 yuan, which is more auspicious than Liuliu Dashun."
Qin Mu: "..."
Hearing Wan Zhongyuan's narration, he suddenly felt outrageous.
"Oh, there's no way, who told me to only have such a son, so I gritted my teeth, collected enough 88 yuan, and transferred it to them."
Wan Zhongyuan was helpless, and stared at his son who was sitting on the sofa.
Qin Mu: "..."
"Xiao Qin, you don't know, their family is catching a sheep..."
Wan Zhongyuan sighed, and continued to accuse the other party of his evil deeds.
After he collected enough 88.
The other party raised the price again.
Said that to get married, you need to make up 36 Tiangang, 72 Disha, and if you don't have [-] million, you are determined not to marry!
The corner of Qin Mu's mouth twitched, and he couldn't help asking, "Then you gritted your teeth again?"
Wan Zhongyuan was taken aback for a moment.
The old man blushed: "I can't help it. I transferred 88 before, and my son is a dog licking again. He won't marry unless he is someone else."
"Dad, what are you talking about? How am I licking a dog?"
Wan Feizhang on the sofa suddenly became unhappy: "I am affectionate!"
Wan Zhongyuan snorted coldly, and said sarcastically, "It's not licking the dog. You say good morning every morning and good night every night?"
"It's not that the dog licking family said that they want to drink soup, but you replied that you broke your ribs and made her soup?"
"Didn't the dog licking people say that you didn't bring an umbrella when it rained, so you drove dozens of kilometers away to pick it up?"
"It's not dog licking..."
Wan Zhongyuan said one sentence after another.
He blushed directly at Wan Feizhang's words and was angry.
But no matter what, he still refuses to admit that he is a licking dog.
"Ahem, back to the topic."
After reprimanding his son, Wan Zhongyuan looked at Qin Mu again and said, "I really gritted my teeth and made up another [-] million."
"But after turning around, the family opened their mouths again, saying that they need to make up 168, which means better, and let's go all the way..."
Qin Mu listened to the whole process.
It is also full of emotion.
As expected of the vice president of the nursing home, he is really rich.
This kind of pricey gift...
Put it on ordinary people, it has long been prohibitive.
In ancient times, to marry a princess, the dowry was estimated to be one or two million.
"Later, I decided not to talk about the marriage, and asked the other party to return the bride price, but the other party refused to return it."
At last.
Wan Zhongyuan talked about the key point of the matter, and said helplessly: "No matter what I say, the other party still refuses to pay back 108 million."
Although he is rich, he is not taken advantage of.
When someone else marries a wife, giving a 10,000+ dowry gift is beyond the sky, and here it has become more than 100 million.
It's just getting more and more angry.
The key is the attitude of this family...
Very disgusting.
First, he said that he would not get married without giving a bride price, and then raised the price step by step.
Create sunk costs for him.
He only gradually transferred 108 million.
If he knew that the other party directly wanted 168 million dowry, he would not agree to anything!
"Xiao Qin, you know a lot about the law, if you encounter such a thing..."
Subsequently.
Wan Zhongyuan looked at Qin Mu cautiously, and began to "consult".
Qin Mu frowned, and went through the "Marriage Law" and "Civil Law" in his mind.
Find the regulations on bride price.
He said, "The other party's behavior is not illegal."
That's right.
Sky-high betrothal gifts do not constitute a violation of the law, let alone a crime.
Dowry is a folk custom, a custom handed down.
Different places.
In law, there are no strict regulations.
So let alone 108 million, even if the other party asks for [-] million, it is not illegal.
and.
This behavior does not constitute a crime of fraud or the like, and the determination of the crime of fraud is more rigorous.
It needs to be for the purpose of illegal possession of property, and there are plots of fabricating facts or concealing the truth.
If the other party does not have the so-called fraudulent marriage situation, it is impossible to commit the crime of fraud.
but……
"You can still get your bride price back."
Qin Mu went on to say: "The Marriage Law clearly stipulates that as long as the parties have not gone through the marriage registration procedures, they can request the return of the wedding gift."
at this point.
It is also based on the increasing number of bride price disputes in recent years and the new judicial interpretations of the judiciary.
As long as you are not married, you can ask for a refund of the bride price given in advance.
however……
Wan Zhongyuan's face was livid, and he gritted his teeth and said, "But I, a rebellious son... have already stolen the family's household registration book and secretly obtained the marriage certificate."
Speaking of which.
Trembling with anger, he gave Wan Feizhang a hard look.
Qin Mu: "..."
He couldn't help but glanced at the dog Wan Feizhang, quite speechless.
Many young people nowadays like to do this kind of operation.
In a flash of excitement, I took the household registration book and went to register for marriage.
Although marriage is free, it is not so hasty.
after all……
Marriage is a lifetime event, and an impulsive marriage will inevitably fall apart in the end.
Part of the reason for the high divorce rate is that marriage is too impulsive.
To reduce the divorce rate...
Therefore, a special divorce cooling-off period was introduced.
Actually.
In contrast, what should be more calm is to get married.
Generally, those who can embark on the road of divorce are unable to live on, and their relationship is completely broken.
"This is a bit difficult to handle. There are three legal situations that support the return of the bride price."
Qin Mu frowned, and then analyzed: "The first type is that the two parties have not gone through the marriage registration procedures."
talking.
He couldn't help but look at Wan Feizhang, he had already blocked the road.
"The second type is that the two parties have gone through the marriage registration procedures but have not lived together."
Wan Zhongyuan was taken aback for a moment.
Glancing at his son, he said bitterly, "They have been living together for more than a year."
Qin Mu: "..."
This road was blocked again.
"The third type is the pre-marital payment that makes life difficult for the payer."
Finish this one.
He couldn't help looking at Wan Zhongyuan, a little suspicious.
obviously.
This one is not very suitable for Wan Zhongyuan's family.
As the vice president of a private nursing home, his income is still considerable.
There are no difficult situations.
That is to say...
The three statutory circumstances under which the bride price can be returned are all invalid.
"Then I... the 108 million won't come back?"
After hearing this, Wan Zhongyuan's face became even uglier.
in fact.
Before asking Qin Mu, he also found a lawyer who is good at civil litigation.
Inquired about how to handle the case.
The reply I got...
It is almost exactly the same as Qin Mu's.
They cleverly avoided the three situations in which the bride price could be returned as specifically stipulated in the Marriage Law.
"You have obtained all the certificates, and you are still living together. It stands to reason... Even if you don't give the bride price, it will be fine, right?"
Qin Mu raised his eyebrows and couldn't help asking.
bring this up.
Wan Zhongyuan sighed again: "Although the certificate was received, the other party disappeared. The other party's parents kept calling and said that they would only be allowed to meet again if they gave a bride price."
This is also the place that makes him most helpless.
But after giving 108 million, the other party raised the price again.
He was worried that the other party's lion would open his mouth, and he didn't dare to transfer the money.
"Disappeared?"
Qin Mu instinctively sensed that something was wrong, but he couldn't tell where the problem was.
"I asked the lawyer before, and he said that the law does not support the return of the bride price in this case, unless there is a divorce..."
Wan Zhongyuan went on to say: "But even if you divorce, you can only apply for a refund of part of the bride price."
According to the provisions of the Marriage Law.
A bride price is an ethical and customary dowry, not illegal.
There is no illegality in asking for a bride price for marriage.
Now that he has received a marriage certificate, he does not meet the relevant regulations for returning the bride price.
It can be said……
This gift money is definitely not coming back.
He came to Qin Mu this time because he just wanted to be a dead horse as a living horse doctor.
Actually, I didn't hold out much hope.
however……
After thinking carefully, Qin Mu said seriously, "If you want to get back the dowry, this lawsuit is relatively easy to fight."
"Can I really ask for the dowry back?"
Wan Zhongyuan swallowed, his expression brightened.
100 million is not a small number.
Of course he didn't want to waste nothing like that.
"This gift money is transferred directly to the other party's parents, right?"
Wan Zhongyuan nodded repeatedly.
The gift money has been transferred to the parents of the other party since ancient times.
Qin Mu went on to say: "As long as the money is not recognized as a bride price, it will be fine."
He actually disliked asking for sky-high dowry.
The bride price was originally a good custom.
Represents the tradition of courtesy and reciprocity.
But now...
But it has gradually become synonymous with selling daughters.
Some people's remarks on the Internet are also very disgusting.
For example, parents have worked hard to bring up such a daughter, so it is appropriate to ask for a bride price.
The daughter marries to another family, takes care of her husband's in-laws, cleans the house, does laundry and cooks. After conversion, hundreds of thousands are not much at all!
Not a single word about money.
But no sentence left the money.
As everyone knows, decades ago...
Get married, don't need a house, don't need a car, and the bride price is not so ridiculously high.
The parents of both parties purchase the dowry and dowry, which are basically furniture and clothing.
And now.
To get married, you will either eat half of your parents' savings for a lifetime, or the young people will bear all kinds of loans by themselves, and they will be exhausted to death.
This also leads to more and more people prefer to be single.
If one person is full, the whole family will not be hungry.
"Can it still be like this?"
After listening to Qin Mu's suggestion, Wan Zhongyuan suddenly didn't understand.
What he transferred was the negotiated gift money.
How could it be judged as not a gift money?
"Of course, generally speaking, the identification of bride price must meet four conditions, namely, local customs, huge amount, payment subject, and payment time."
Qin Mu nodded and explained briefly.
Local customs refer to the local custom of bride price.
And in some areas...
In fact, there is no custom of betrothal gifts.
When the daughter gets married, the woman's family will give a huge dowry, either a car or a house.
There are also requirements for the amount of the bride price, which is generally more than [-].
Thousands of dollars...
It will not be judged as a bride price.
The subject of payment and payment must also be the families of both parties who are discussing marriage.
Finally, it is the payment time, which must be before receiving the marriage certificate.
"At the time when you received the certificate, before paying the bride price, you can use this as an excuse to file a lawsuit in the court, judge the 108 million as unjust enrichment, and ask the other party to return 108 million."
"If the other party doesn't return it, you can sue them for embezzlement."
Subsequently.
Qin Mu popularized the constitution of the crime of embezzlement and the corresponding penalties.
"Is this really possible?!"
Wan Zhongyuan couldn't help getting excited after hearing this set of plans.
He has almost given up.
He only thought of a dead horse as a living horse doctor, but Qin Mu pointed out a train of thought that he had never imagined.
"This is just the first option. If this option doesn't work, there is a second option."
Qin Mu smiled.
Said the second plan: "Since the other party has disappeared, this case may also be involved in fraudulent marriage."
in law.
The determination of fraudulent marriage is actually somewhat vague.
As the saying goes, it is difficult for an upright official to break up housework.
Marriage fraud involves the emotional entanglement of both men and women.
But in this case...
After receiving the marriage certificate, the other party disappeared, which is really abnormal.
In legal terms, the perpetrator disappears for other reasons after getting the money.
He threatened that if he did not pay the bride price, he would not meet.
This has been suspected of fraud for the purpose of illegal possession to defraud property.
"From this point of view, you can sue the other party for fraud. If the amount of this crime is huge, you can be sentenced to more than ten years in prison."
Wan Zhongyuan swallowed.
After hearing the second plan, I was a little confused.
In such a short time.
Qin Mu turned the civil dispute over the bride price into a criminal case.
The sentence has directly climbed to more than ten years!
"impossible!"
Wan Feizhang retorted on the spot: "Lele can't lie to me. She and I are in love with each other. She sent me a message saying that she was locked up at home by her parents. As long as she gave a bride price, she could meet..."
"Snapped!"
With a dark face, Wan Zhongyuan slapped him hard on the back of the head.
Let him feel what it means to be a father's love like a mountain.
After shooting.
Wan Zhongyuan said bitterly: "What time is it, and you are still here to help the other party!"
Seeing this, Qin Mu silently reminded: "If the other party is indeed under house arrest by his parents, he is also suspected of the crime of illegal detention."
The crime of illegal detention refers to the act of illegally depriving others of their personal freedom by detention, confinement or other coercive methods.
This behavior illegally deprives others of their right to freedom of physical movement.
Any adult cannot be illegally deprived of this right by others.
of course.
Children also need guardians because they are not fully capable.
Guardians can administer this right on their behalf.
"It turns out that this can be done..."
Wan Zhongyuan suddenly realized, and quickly figured out how to deal with it.
The idea provided by Qin Mu...
It is different from normal civil dispute handling.
According to normal civil disputes, it is almost impossible to get all the bride price back.
Divorce must be filed first.
And after the divorce...
These betrothal gifts are very likely to be distributed as joint property after marriage, or only part of the betrothal gifts can be claimed back.
after all……
The betrothal gift he gave was after the two parties received the certificate, that is, after the marriage relationship was established.
It's hard to tell in disputes.
But from a criminal point of view, once it is confirmed that the other party has committed a crime, the bride price will definitely be returned!
"I will transfer the red envelope to you for the consulting fee."
Subsequently.
Wan Zhongyuan took out his mobile phone and transferred the consultation fee.
During this consultation, Qin Mu offered two sets of plans.
I heard that lawyers hate this kind of behavior.
Now facing him is Qin Mu again...
And Qin Mu didn't pretend to refuse, and accepted it directly.
Been through so many things.
He actually wants to take the exam for a lawyer's license now.
Having a lawyer's certificate is very convenient when going to court.
"Take time to look for Wang Dachui and ask how the lawyer's certificate is passed."
After walking out of the vice president's office, Qin Mu muttered.
……
In the next few days.
In the nursing home.
Life has returned to calm.
The sensation caused by the case of suing the whole network has gradually subsided.
Zhang Qingyuan and a few busy people...
Also ended their interview.
Every day, I brag with those old people in the courtyard who have never been to the trial scene, telling about the spectacular scene of prosecuting [-] people.
Gradually……
All the elderly in the nursing home showed great interest in the trial.
for them.
Every day in the nursing home, although there are various entertainment activities, it is inevitable to be boring and irritable.
This kind of "entertainment" of watching other people's sentences is very suitable for decompression.
Just after being there a few times...
They found that things were fundamentally different from what Zhang Qingyuan and the others had said.
The trial process was extremely boring.
Either sue for divorce, or sue for non-repayment of owed money.
The proof alone is all kinds of chat data, transfer records and so on.
They listened in several times.
Leng didn't hear the "wonderful plot" mentioned by Lao Zhang and others.
"I said, Lao Zhang, are you fooling us? There is no judge who scolds the judge in court!"
"That's right, we've been listening to it for several days, it's the same as chanting."
"Don't talk about scolding the judge. I haven't seen anyone arguing and swearing in court, and there is no perjury."
"It's boring..."
The other old people felt that they had been deceived, so they found Zhang Qingyuan and others.
Zhang Qingyuan was not in a hurry.
He explained: "What's so interesting about these cases? It depends on Xiao Qin's prosecution!"
Subsequently.
He talked about Qin Mu's previous "brilliant record".
His fame spread more and more among the more than 100 elderly people in the nursing home, and became louder and louder.
Sue the black intermediary, sue the delivery guy, sue the owner of the lottery shop, sue...
all in all.
People from many industries in Jincheng have been prosecuted.
I heard Qin's expression changed now.
After Qin Mu heard these rumors, he couldn't laugh or cry.
These rumors are getting more and more outrageous...
And five days later.
The court also sent him a reply.
Said that the legal fees and compensation are being pursued one after another, and it is expected to arrive within a week.
In order to sue the whole network...
He plucked the wool of the lottery ticket several times.
I paid more than [-] million yuan in advance.
With the compensation of about 1000 million yuan, half of the small goal is almost completed.
……
at the same time.
Zhang Wei Law Firm.
Zhang Wei is thinking about how to expand the law firm and make it bigger and stronger.
Somehow.
He always had a premonition that the legal industry in Jincheng, which had been in a slump, was about to usher in a golden heyday!
He must seize this opportunity, become bigger and stronger, and strive to be number one in Jincheng!
In this case of suing the whole network.
He was so busy all by himself that he was almost exhausted before he finished handling the lawsuits of more than [-] people.
Deeply understaffed.
At the same time, he also reaped the largest income since his career.
One case, more than seven million yuan!
This is something he never dared to imagine before!
"Is Lawyer Zhang here?"
While he was thinking.
Outside the law firm, a middle-aged woman walked in.
these days.
More and more people come here here.
In the past, there were not many customers in a month, but now more than a dozen people come here every day.
but……
Most people want to sue others, which does not match the positioning of his law firm.
So he didn't take these cases.
His main golden signboard is commutation of sentence.
If you want to do it, make it the biggest and strongest!
Intuition tells him...
Doing this will help him make a fortune!
"Lawyer Zhang, it's like this, I've been sued..."
The middle-aged woman produced a court summons.
The subpoena stated that she was sued for fraudulent marriage and was suspected of fraud, and she was required to return the 108 dowry money.
In the cause of action, it states what happened.
"Cheat marriage?"
After reading the original indictment, Zhang Wei was a little surprised.
this case...
It is indeed the defendant's case.
But what is involved is the content of the marriage law.
Bridal gifts have always been a focus of legal disputes.
Over the years, incidents of sky-high price betrothal gifts have emerged in an endless stream.
But legally, there is no tendency to violate the law.
This also led to the fact that both men and women turned against each other because of the bride price issue, which abounds.
The case of trying to recover the dowry...
Also happens often.
(End of this chapter)
This enthusiastic look...
It made Qin Mu a little uncomfortable.
"Let me introduce first, this is my son, Wan Feizhang, come quickly...call him Uncle Qin."
Wan Zhongyuan smiled, pointed to the young man on the sofa and said.
"Dad, he's about the same age as me, are you sure you want me to call him uncle?"
The young man was full of reluctance.
Wan Zhongyuan glared at him, and snorted coldly: "What do you know? Now is a society ruled by law. Learning some laws from your Uncle Qin is enough for a lifetime."
talking.
He looked at Qin Mu seriously again, with a very complicated expression on his face.
The cases in the Jincheng court these days...
It caused a sensation in the whole city.
Of course he knew it too.
and.
The case...
It was Qin Mu who made it.
All the newspapers outside are queuing up for interviews.
3000 and [-] people were sentenced collectively!
Combined with the other "cases" he had learned from the old people in the courtyard, he no longer dared to put on the airs of a leader in front of Qin Mu.
Those who know the law...
It's really scary.
"Ahem, Xiao Qin, it's like this, I'm looking for you this time..."
Wan Zhongyuan took a deep breath and explained the reason.
"Isn't my son 27 years old this year? He fell in love with someone and we've been talking for several years. During this time, he planned to get married. The parents of both parties met last month, and the other party proposed a bride price of 66 yuan."
"66?"
Qin Mu's eyes widened, and the corners of his mouth twitched.
God damn 66!
He had heard of exaggerated dowry gifts these years, but he had never seen one that was so exaggerated.
In the third-tier small counties, buying a house is only 70 million.
Can get married...
Has it risen to this point now?
"Yes."
Wan Zhongyuan smiled wryly, and sighed: "We also think the bride price is a bit high, but the other party refuses to give in at all, and even said that if they don't give 66, the marriage will not be concluded."
"No way, we had no choice but to grit our teeth, collect enough 66 yuan, and turn it over to the other side."
"I thought we could prepare for the wedding after the betrothal gift was given, but the other party suddenly raised the price, saying that it would cost 88 yuan, which is more auspicious than Liuliu Dashun."
Qin Mu: "..."
Hearing Wan Zhongyuan's narration, he suddenly felt outrageous.
"Oh, there's no way, who told me to only have such a son, so I gritted my teeth, collected enough 88 yuan, and transferred it to them."
Wan Zhongyuan was helpless, and stared at his son who was sitting on the sofa.
Qin Mu: "..."
"Xiao Qin, you don't know, their family is catching a sheep..."
Wan Zhongyuan sighed, and continued to accuse the other party of his evil deeds.
After he collected enough 88.
The other party raised the price again.
Said that to get married, you need to make up 36 Tiangang, 72 Disha, and if you don't have [-] million, you are determined not to marry!
The corner of Qin Mu's mouth twitched, and he couldn't help asking, "Then you gritted your teeth again?"
Wan Zhongyuan was taken aback for a moment.
The old man blushed: "I can't help it. I transferred 88 before, and my son is a dog licking again. He won't marry unless he is someone else."
"Dad, what are you talking about? How am I licking a dog?"
Wan Feizhang on the sofa suddenly became unhappy: "I am affectionate!"
Wan Zhongyuan snorted coldly, and said sarcastically, "It's not licking the dog. You say good morning every morning and good night every night?"
"It's not that the dog licking family said that they want to drink soup, but you replied that you broke your ribs and made her soup?"
"Didn't the dog licking people say that you didn't bring an umbrella when it rained, so you drove dozens of kilometers away to pick it up?"
"It's not dog licking..."
Wan Zhongyuan said one sentence after another.
He blushed directly at Wan Feizhang's words and was angry.
But no matter what, he still refuses to admit that he is a licking dog.
"Ahem, back to the topic."
After reprimanding his son, Wan Zhongyuan looked at Qin Mu again and said, "I really gritted my teeth and made up another [-] million."
"But after turning around, the family opened their mouths again, saying that they need to make up 168, which means better, and let's go all the way..."
Qin Mu listened to the whole process.
It is also full of emotion.
As expected of the vice president of the nursing home, he is really rich.
This kind of pricey gift...
Put it on ordinary people, it has long been prohibitive.
In ancient times, to marry a princess, the dowry was estimated to be one or two million.
"Later, I decided not to talk about the marriage, and asked the other party to return the bride price, but the other party refused to return it."
At last.
Wan Zhongyuan talked about the key point of the matter, and said helplessly: "No matter what I say, the other party still refuses to pay back 108 million."
Although he is rich, he is not taken advantage of.
When someone else marries a wife, giving a 10,000+ dowry gift is beyond the sky, and here it has become more than 100 million.
It's just getting more and more angry.
The key is the attitude of this family...
Very disgusting.
First, he said that he would not get married without giving a bride price, and then raised the price step by step.
Create sunk costs for him.
He only gradually transferred 108 million.
If he knew that the other party directly wanted 168 million dowry, he would not agree to anything!
"Xiao Qin, you know a lot about the law, if you encounter such a thing..."
Subsequently.
Wan Zhongyuan looked at Qin Mu cautiously, and began to "consult".
Qin Mu frowned, and went through the "Marriage Law" and "Civil Law" in his mind.
Find the regulations on bride price.
He said, "The other party's behavior is not illegal."
That's right.
Sky-high betrothal gifts do not constitute a violation of the law, let alone a crime.
Dowry is a folk custom, a custom handed down.
Different places.
In law, there are no strict regulations.
So let alone 108 million, even if the other party asks for [-] million, it is not illegal.
and.
This behavior does not constitute a crime of fraud or the like, and the determination of the crime of fraud is more rigorous.
It needs to be for the purpose of illegal possession of property, and there are plots of fabricating facts or concealing the truth.
If the other party does not have the so-called fraudulent marriage situation, it is impossible to commit the crime of fraud.
but……
"You can still get your bride price back."
Qin Mu went on to say: "The Marriage Law clearly stipulates that as long as the parties have not gone through the marriage registration procedures, they can request the return of the wedding gift."
at this point.
It is also based on the increasing number of bride price disputes in recent years and the new judicial interpretations of the judiciary.
As long as you are not married, you can ask for a refund of the bride price given in advance.
however……
Wan Zhongyuan's face was livid, and he gritted his teeth and said, "But I, a rebellious son... have already stolen the family's household registration book and secretly obtained the marriage certificate."
Speaking of which.
Trembling with anger, he gave Wan Feizhang a hard look.
Qin Mu: "..."
He couldn't help but glanced at the dog Wan Feizhang, quite speechless.
Many young people nowadays like to do this kind of operation.
In a flash of excitement, I took the household registration book and went to register for marriage.
Although marriage is free, it is not so hasty.
after all……
Marriage is a lifetime event, and an impulsive marriage will inevitably fall apart in the end.
Part of the reason for the high divorce rate is that marriage is too impulsive.
To reduce the divorce rate...
Therefore, a special divorce cooling-off period was introduced.
Actually.
In contrast, what should be more calm is to get married.
Generally, those who can embark on the road of divorce are unable to live on, and their relationship is completely broken.
"This is a bit difficult to handle. There are three legal situations that support the return of the bride price."
Qin Mu frowned, and then analyzed: "The first type is that the two parties have not gone through the marriage registration procedures."
talking.
He couldn't help but look at Wan Feizhang, he had already blocked the road.
"The second type is that the two parties have gone through the marriage registration procedures but have not lived together."
Wan Zhongyuan was taken aback for a moment.
Glancing at his son, he said bitterly, "They have been living together for more than a year."
Qin Mu: "..."
This road was blocked again.
"The third type is the pre-marital payment that makes life difficult for the payer."
Finish this one.
He couldn't help looking at Wan Zhongyuan, a little suspicious.
obviously.
This one is not very suitable for Wan Zhongyuan's family.
As the vice president of a private nursing home, his income is still considerable.
There are no difficult situations.
That is to say...
The three statutory circumstances under which the bride price can be returned are all invalid.
"Then I... the 108 million won't come back?"
After hearing this, Wan Zhongyuan's face became even uglier.
in fact.
Before asking Qin Mu, he also found a lawyer who is good at civil litigation.
Inquired about how to handle the case.
The reply I got...
It is almost exactly the same as Qin Mu's.
They cleverly avoided the three situations in which the bride price could be returned as specifically stipulated in the Marriage Law.
"You have obtained all the certificates, and you are still living together. It stands to reason... Even if you don't give the bride price, it will be fine, right?"
Qin Mu raised his eyebrows and couldn't help asking.
bring this up.
Wan Zhongyuan sighed again: "Although the certificate was received, the other party disappeared. The other party's parents kept calling and said that they would only be allowed to meet again if they gave a bride price."
This is also the place that makes him most helpless.
But after giving 108 million, the other party raised the price again.
He was worried that the other party's lion would open his mouth, and he didn't dare to transfer the money.
"Disappeared?"
Qin Mu instinctively sensed that something was wrong, but he couldn't tell where the problem was.
"I asked the lawyer before, and he said that the law does not support the return of the bride price in this case, unless there is a divorce..."
Wan Zhongyuan went on to say: "But even if you divorce, you can only apply for a refund of part of the bride price."
According to the provisions of the Marriage Law.
A bride price is an ethical and customary dowry, not illegal.
There is no illegality in asking for a bride price for marriage.
Now that he has received a marriage certificate, he does not meet the relevant regulations for returning the bride price.
It can be said……
This gift money is definitely not coming back.
He came to Qin Mu this time because he just wanted to be a dead horse as a living horse doctor.
Actually, I didn't hold out much hope.
however……
After thinking carefully, Qin Mu said seriously, "If you want to get back the dowry, this lawsuit is relatively easy to fight."
"Can I really ask for the dowry back?"
Wan Zhongyuan swallowed, his expression brightened.
100 million is not a small number.
Of course he didn't want to waste nothing like that.
"This gift money is transferred directly to the other party's parents, right?"
Wan Zhongyuan nodded repeatedly.
The gift money has been transferred to the parents of the other party since ancient times.
Qin Mu went on to say: "As long as the money is not recognized as a bride price, it will be fine."
He actually disliked asking for sky-high dowry.
The bride price was originally a good custom.
Represents the tradition of courtesy and reciprocity.
But now...
But it has gradually become synonymous with selling daughters.
Some people's remarks on the Internet are also very disgusting.
For example, parents have worked hard to bring up such a daughter, so it is appropriate to ask for a bride price.
The daughter marries to another family, takes care of her husband's in-laws, cleans the house, does laundry and cooks. After conversion, hundreds of thousands are not much at all!
Not a single word about money.
But no sentence left the money.
As everyone knows, decades ago...
Get married, don't need a house, don't need a car, and the bride price is not so ridiculously high.
The parents of both parties purchase the dowry and dowry, which are basically furniture and clothing.
And now.
To get married, you will either eat half of your parents' savings for a lifetime, or the young people will bear all kinds of loans by themselves, and they will be exhausted to death.
This also leads to more and more people prefer to be single.
If one person is full, the whole family will not be hungry.
"Can it still be like this?"
After listening to Qin Mu's suggestion, Wan Zhongyuan suddenly didn't understand.
What he transferred was the negotiated gift money.
How could it be judged as not a gift money?
"Of course, generally speaking, the identification of bride price must meet four conditions, namely, local customs, huge amount, payment subject, and payment time."
Qin Mu nodded and explained briefly.
Local customs refer to the local custom of bride price.
And in some areas...
In fact, there is no custom of betrothal gifts.
When the daughter gets married, the woman's family will give a huge dowry, either a car or a house.
There are also requirements for the amount of the bride price, which is generally more than [-].
Thousands of dollars...
It will not be judged as a bride price.
The subject of payment and payment must also be the families of both parties who are discussing marriage.
Finally, it is the payment time, which must be before receiving the marriage certificate.
"At the time when you received the certificate, before paying the bride price, you can use this as an excuse to file a lawsuit in the court, judge the 108 million as unjust enrichment, and ask the other party to return 108 million."
"If the other party doesn't return it, you can sue them for embezzlement."
Subsequently.
Qin Mu popularized the constitution of the crime of embezzlement and the corresponding penalties.
"Is this really possible?!"
Wan Zhongyuan couldn't help getting excited after hearing this set of plans.
He has almost given up.
He only thought of a dead horse as a living horse doctor, but Qin Mu pointed out a train of thought that he had never imagined.
"This is just the first option. If this option doesn't work, there is a second option."
Qin Mu smiled.
Said the second plan: "Since the other party has disappeared, this case may also be involved in fraudulent marriage."
in law.
The determination of fraudulent marriage is actually somewhat vague.
As the saying goes, it is difficult for an upright official to break up housework.
Marriage fraud involves the emotional entanglement of both men and women.
But in this case...
After receiving the marriage certificate, the other party disappeared, which is really abnormal.
In legal terms, the perpetrator disappears for other reasons after getting the money.
He threatened that if he did not pay the bride price, he would not meet.
This has been suspected of fraud for the purpose of illegal possession to defraud property.
"From this point of view, you can sue the other party for fraud. If the amount of this crime is huge, you can be sentenced to more than ten years in prison."
Wan Zhongyuan swallowed.
After hearing the second plan, I was a little confused.
In such a short time.
Qin Mu turned the civil dispute over the bride price into a criminal case.
The sentence has directly climbed to more than ten years!
"impossible!"
Wan Feizhang retorted on the spot: "Lele can't lie to me. She and I are in love with each other. She sent me a message saying that she was locked up at home by her parents. As long as she gave a bride price, she could meet..."
"Snapped!"
With a dark face, Wan Zhongyuan slapped him hard on the back of the head.
Let him feel what it means to be a father's love like a mountain.
After shooting.
Wan Zhongyuan said bitterly: "What time is it, and you are still here to help the other party!"
Seeing this, Qin Mu silently reminded: "If the other party is indeed under house arrest by his parents, he is also suspected of the crime of illegal detention."
The crime of illegal detention refers to the act of illegally depriving others of their personal freedom by detention, confinement or other coercive methods.
This behavior illegally deprives others of their right to freedom of physical movement.
Any adult cannot be illegally deprived of this right by others.
of course.
Children also need guardians because they are not fully capable.
Guardians can administer this right on their behalf.
"It turns out that this can be done..."
Wan Zhongyuan suddenly realized, and quickly figured out how to deal with it.
The idea provided by Qin Mu...
It is different from normal civil dispute handling.
According to normal civil disputes, it is almost impossible to get all the bride price back.
Divorce must be filed first.
And after the divorce...
These betrothal gifts are very likely to be distributed as joint property after marriage, or only part of the betrothal gifts can be claimed back.
after all……
The betrothal gift he gave was after the two parties received the certificate, that is, after the marriage relationship was established.
It's hard to tell in disputes.
But from a criminal point of view, once it is confirmed that the other party has committed a crime, the bride price will definitely be returned!
"I will transfer the red envelope to you for the consulting fee."
Subsequently.
Wan Zhongyuan took out his mobile phone and transferred the consultation fee.
During this consultation, Qin Mu offered two sets of plans.
I heard that lawyers hate this kind of behavior.
Now facing him is Qin Mu again...
And Qin Mu didn't pretend to refuse, and accepted it directly.
Been through so many things.
He actually wants to take the exam for a lawyer's license now.
Having a lawyer's certificate is very convenient when going to court.
"Take time to look for Wang Dachui and ask how the lawyer's certificate is passed."
After walking out of the vice president's office, Qin Mu muttered.
……
In the next few days.
In the nursing home.
Life has returned to calm.
The sensation caused by the case of suing the whole network has gradually subsided.
Zhang Qingyuan and a few busy people...
Also ended their interview.
Every day, I brag with those old people in the courtyard who have never been to the trial scene, telling about the spectacular scene of prosecuting [-] people.
Gradually……
All the elderly in the nursing home showed great interest in the trial.
for them.
Every day in the nursing home, although there are various entertainment activities, it is inevitable to be boring and irritable.
This kind of "entertainment" of watching other people's sentences is very suitable for decompression.
Just after being there a few times...
They found that things were fundamentally different from what Zhang Qingyuan and the others had said.
The trial process was extremely boring.
Either sue for divorce, or sue for non-repayment of owed money.
The proof alone is all kinds of chat data, transfer records and so on.
They listened in several times.
Leng didn't hear the "wonderful plot" mentioned by Lao Zhang and others.
"I said, Lao Zhang, are you fooling us? There is no judge who scolds the judge in court!"
"That's right, we've been listening to it for several days, it's the same as chanting."
"Don't talk about scolding the judge. I haven't seen anyone arguing and swearing in court, and there is no perjury."
"It's boring..."
The other old people felt that they had been deceived, so they found Zhang Qingyuan and others.
Zhang Qingyuan was not in a hurry.
He explained: "What's so interesting about these cases? It depends on Xiao Qin's prosecution!"
Subsequently.
He talked about Qin Mu's previous "brilliant record".
His fame spread more and more among the more than 100 elderly people in the nursing home, and became louder and louder.
Sue the black intermediary, sue the delivery guy, sue the owner of the lottery shop, sue...
all in all.
People from many industries in Jincheng have been prosecuted.
I heard Qin's expression changed now.
After Qin Mu heard these rumors, he couldn't laugh or cry.
These rumors are getting more and more outrageous...
And five days later.
The court also sent him a reply.
Said that the legal fees and compensation are being pursued one after another, and it is expected to arrive within a week.
In order to sue the whole network...
He plucked the wool of the lottery ticket several times.
I paid more than [-] million yuan in advance.
With the compensation of about 1000 million yuan, half of the small goal is almost completed.
……
at the same time.
Zhang Wei Law Firm.
Zhang Wei is thinking about how to expand the law firm and make it bigger and stronger.
Somehow.
He always had a premonition that the legal industry in Jincheng, which had been in a slump, was about to usher in a golden heyday!
He must seize this opportunity, become bigger and stronger, and strive to be number one in Jincheng!
In this case of suing the whole network.
He was so busy all by himself that he was almost exhausted before he finished handling the lawsuits of more than [-] people.
Deeply understaffed.
At the same time, he also reaped the largest income since his career.
One case, more than seven million yuan!
This is something he never dared to imagine before!
"Is Lawyer Zhang here?"
While he was thinking.
Outside the law firm, a middle-aged woman walked in.
these days.
More and more people come here here.
In the past, there were not many customers in a month, but now more than a dozen people come here every day.
but……
Most people want to sue others, which does not match the positioning of his law firm.
So he didn't take these cases.
His main golden signboard is commutation of sentence.
If you want to do it, make it the biggest and strongest!
Intuition tells him...
Doing this will help him make a fortune!
"Lawyer Zhang, it's like this, I've been sued..."
The middle-aged woman produced a court summons.
The subpoena stated that she was sued for fraudulent marriage and was suspected of fraud, and she was required to return the 108 dowry money.
In the cause of action, it states what happened.
"Cheat marriage?"
After reading the original indictment, Zhang Wei was a little surprised.
this case...
It is indeed the defendant's case.
But what is involved is the content of the marriage law.
Bridal gifts have always been a focus of legal disputes.
Over the years, incidents of sky-high price betrothal gifts have emerged in an endless stream.
But legally, there is no tendency to violate the law.
This also led to the fact that both men and women turned against each other because of the bride price issue, which abounds.
The case of trying to recover the dowry...
Also happens often.
(End of this chapter)
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