Chapter 145

The direction of this lawsuit...

After the constituent elements of the crime of fraud become invalid, starting from another aspect can also achieve the effect.

If the 108 million dowry is classified as personal property, it can be claimed back according to law.

If the other party insists on not returning it, it may constitute the crime of refusal to carry out the crime and the crime of embezzlement.

By the time……

Not only must repayment be compulsory, but there is also criminal responsibility for aggravated circumstances.

"By the way, Lawyer Qi, I have another question to ask, that is... Is there any legal way to sever the father-son relationship between me and my son?"

Subsequently.

Wan Zhongyuan took a deep breath and asked with a troubled face.

Yesterday, when he asked Qin Mu to "ask advice", he accidentally learned about what that rebellious son had done.

Just blow him up.

He grabbed a cane and went back to find his son.

After a "friendly and friendly" communication between the father and son.

Relying on his absolute advantage, he beat the opponent to the ground and kept begging for mercy.

but……

That rebellious son is unwilling to divorce the other party no matter what, let alone sever ties with the other party!

What's even more outrageous is...

Wen Le actually showed up that day, and even lived in their house!

It also stated that their family accepted a bride price of 108 million.

Will not continue to increase the price to ask for money.

But he didn't believe a word of these words!

With such a mother with a bad outlook, and a younger brother who only knows what to ask for, Wen Le is not much better!
If he really wants to accept her as his daughter-in-law, his hard-earned money will be sucked up sooner or later!
But no matter how much he persuades...

Wan Feizhang seemed to be bewitched, but refused to divorce!

A bite.

He immediately stated that he would sever the relationship between father and son, and would not provide any financial support to Wan Feizhang in the future, nor would Wan Feizhang be required to support him.

With such a son and such an "in-law"...

He can only choose to be wise and protect himself.

"Severing the relationship between father and son?"

Qi Zhaoyu froze for a moment, then glanced at Wan Zhongyuan.

After working in the industry for so many years, he rarely saw the relationship between father and son come to this point.

"It's absolutely impossible to keep going, that family is not easy to mess with..."

Wan Zhongyuan sighed, his face full of helplessness.

he thinks.

As long as I have made my attitude clear, I will no longer provide any financial support to my son.

The Wen Le family will soon know that his son is a waste.

By the time……

It doesn't matter that his dog-licking son is unwilling, Wen Le will take the initiative to propose a divorce.

This kind of "in-law" who dragged his family to get married, he really couldn't afford it.

"In law, there is no such thing as severing the relationship between father and son."

Qi Zhaoyu shook his head helplessly, and explained seriously: "Because the father-son relationship is based on blood, there is no legal clause to stipulate its existence, so it cannot be dissolved by legal clauses."

In the previous TV series.

There are often bridges that sever the relationship between father and son.

Some even pretended to find a law firm to sign a severance agreement.

Actually.

Such agreements are void.

The father-son relationship is based on kinship and blood and cannot be separated.

When children are young, parents have to bear the responsibility of raising them.

When the parents are old, the children are also obliged to support them.

Regardless of the reason, these obligations are unbreakable and must be fulfilled.

in fact.

In the legal definition, the relationship between husband and wife is often considered higher than that of blood relationship.

Because this is a relationship based on the conclusion of a contract between two strangers who have no blood or kinship.

more solid.

The same reason.

Brothers turned against each other, and father and son became enemies. There were more and more incidents, and the law could not deal with them fairly.

On the contrary, the relationship between husband and wife is very detailed in law.

It can be concluded, can be dissolved, and has rights such as property division.

"If you want to cut off the financial support for the other party, you only need to do a notarization of personal property and determine the personal property and the joint property of the husband and wife."

Followed by.

Qi Zhaoyu explained another set of feasible methods on the legal level.

in law.

There is not only the joint property of husband and wife, but also the concept of joint property of the family.

That is to say...

Wan Zhongyuan's current property does not belong to him alone.

Strictly speaking, it belongs to every member of his family of three.

Even sons enjoy certain family property.

This is why the gift money can be legally paid by the parents.

This money also has a part of the children.

of course.

If the property analysis and notarization are done, and it is determined that his son has not made any contribution to Wan Zhongyuan's property, then the attributes of his personal property can be determined.

And these personal properties will belong to him personally.

Nor is there any obligation to provide financial assistance to his son when he becomes an adult.

"Then hurry up and do property analysis and notarization!"

Wan Zhongyuan took a deep breath, feeling quite excited.

Now Wen Le has moved in.

In order to avoid long nights and dreams, he must make preparations for this as soon as possible.

Identify your own personal property.

With such an "in-law", he is in danger of ruining his family at any time!

……

Jincheng.

A high-end neighborhood.

Wanjia.

"Lele, it's really great that your mother finally agreed to our marriage."

Wan Feizhang was sitting in a wheelchair, looking at Wen Le on the bedside with a happy face.

him at this time.

His face was covered with bruises, and his arms also had many scars from crutches.

It hurts now and then.

But because after Wen Le appeared, he only felt that it was extremely sweet.

There were many twists and turns in the middle.

But there is a saying that is good, good things take time.

He felt that the two of them would have a happy and bright future.

But Wen Le was frowning the whole time, and didn't seem very happy.

"Yesterday... what your father said was true?"

Wen Le bit her lower lip tightly, and finally couldn't help asking.

Wan Feizhang was stunned for a moment: "Which sentence?"

His dad was furious yesterday.

Give him a good beating.

Now thinking of yesterday's scene, he was a little apprehensive.

"My father said that he wants to sever the father-son relationship with you."

Wen Le glanced at him and reminded.

Wan Feizhang showed a gentle smile, and said indifferently: "He used to say that every day, so don't take it to heart."

"He hasn't had much contact with you, and he doesn't know your virtuousness. After getting along for a long time, the relationship will definitely ease."

"After so much, we can finally live a good life."

"If you don't like my dad, we'll move out tomorrow."

"My dad is in Jincheng and prepared a wedding room for us."

"Don't worry, I will love you well in the future, only for you..."

Wan Feizhang, who was sitting in a wheelchair, continued to lick.

Happiness is written all over his face.

But Wen Le was not so optimistic, always feeling that something was wrong.

The next day.

Wen Le pushed Wan Feizhang, who was in a wheelchair, to their new house.

But I found that I couldn't even get in the door.

The key in Wan Feizhang's hand couldn't open the door at all.

Wan Feizhang was furious.

I called my dad and asked why.

"Why? Do you think I'm just talking about the severance I told you?"

over the phone.

Wan Zhongyuan sneered: "Fortunately, the house and car have not been transferred to you yet, so I took them all back!"

"In addition, if you want money or something in the future, don't look for me. Now that you are married, you should find a job and raise your own wife!"

Done.

Wan Zhongyuan hung up the phone.

"Dududu-"

Listening to the busy tone on the phone, Wan Feizhang looked extremely ugly.

The house, the car, everything was gone for a while.

And his monthly pocket money...

It seems to be gone.

"Lele, don't worry, I can make money!"

Wan Feizhang raised his head.

Seeing Wen Le frowning, he quickly comforted him and said, "When I recover from my injury, I'll go to work. With my education, it's absolutely no problem to find a job with a monthly salary of seven or eight thousand!"

"Doesn't he have some bad money? We can live a good life on our own!"

"As long as I'm with you, I feel happy wherever I am..."

Ke Wenle listened to his words.

But suddenly broke out, sarcastically said: "With you?"

"Do you know how much the housing price in Jincheng is now?"

"Do you know how much it costs to buy cosmetics, buy bags, and raise the next generation?"

"If nothing else, I'll ask you now, where do we live now?"

"Rent a house?"

"What's the use of a monthly salary of seven or eight thousand? How many years do you have to save before you can afford the down payment on a house?"

"Do you want me to suffer with you for more than ten years, live in a broken house shared by several people, endure the smell, go to the vegetable market every day and cook by yourself?"

"With you alone, where can you get married?"

in fact.

There was one more word she didn't say.

Not only does she have to suffer, but her brother also has to suffer together.

Without the support of Wan Zhongyuan...

Their life will definitely be extremely poor!
and this.

Not what she wanted!
Although she likes Wan Feizhang, she can't bear such a life!

"You...you...how can you say that, I really like you..."

When Wan Feizhang was questioned repeatedly by Wen Le, he felt a chill in his heart.

Like being stabbed.

"Like? What's the use of liking? Can liking be eaten as food?"

Wen Le's face was full of disdain, and he sneered.

She has long passed the period of innocence and romance, longing for love.

love without substance...

After all, it is a plate of loose sand, the kind that will disperse when the wind blows.

She can't bear this kind of "poverty" life without a house or a car for a moment.

At last.

She stared at Wan Feizhang and said, "You'd better go to your father and admit your mistake."

"I do not!"

Wan Feizhang held his head high, and refused without even thinking about it, with a lot of backbone.

But Wen Le's look...

Immediately let him compromise.

He could only grit his teeth and dialed his father's phone.

After the call is connected.

"Dad, I was wrong."

"Oh? What's wrong?"

"I shouldn't have quarreled with you, and I shouldn't have asked Uncle Qin how to sue you, and I shouldn't have confronted you..."

Wan Feizhang blushed and said in a low voice.

on the other end of the phone.

Wan Zhongyuan was quite surprised, he didn't expect his son to realize his mistake so quickly.

The tone also eased a little.

Said: "It's good to know that it's wrong. Father and son don't have any overnight feud. You should hurry up and get the divorce done. Later, I'll introduce you to a wife who is a virtuous housekeeper."

"Let me tell you, Dad is someone who has experienced it. You can't just look for a wife when looking for a wife, but also whether you are virtuous or not."

"Those women in Vanves can support men's careers, so that men don't have to worry about the future and won't make trouble, just like your mother."

"And those prodigal women will only add to your troubles, turn the family upside down, and make troubles with you, such as Wen Le."

"As the old saying goes, marry a wife and a virtuous man but not a woman. A woman is really important to a family..."

on the phone.

Wan Zhongyuan said a lot of earnestness.

Persuade his son to turn around.

And this end of the phone.

Wan Feizhang and Wen Le listened, their faces became more and more ugly.

……

Three days later.

nursing home.

It's time for the trial.

Early in the morning.

At the gate of the nursing home, Zhang Qingyuan, Li Weiguo and others gathered together, ready to go to the court to eat melons.

There are no impervious walls in the world.

these days.

They learned something about the "betrothal gift dispute" about the vice president's family.

After being idle for so many days, they all wanted to join in the fun.

"108 million bride price, I don't know if I can get it back!"

"You should come back. I heard that the vice president has asked Xiao Qin for advice several times. The defendant should be worried about a few years."

"I think back when we got married, the dowry was less than two yuan, but now it's so ridiculously high."

"Wait for me, let me know who stole my crutches, I will beat him to death!"

"..."

Qin Mu followed behind Zhang Qingyuan and the others.

Hearing their discussion, the corners of his mouth couldn't help twitching.

as a nurse.

One of his jobs is to look after these elderly people and protect their personal safety.

Although the case has little to do with him.

But he had to participate in this "entertainment activity" to prevent any accidents among the dozen or so elderly people.

A group of people set off from the nursing home.

He walked towards the court in a mighty manner.

Fortunately, the court is not far from the nursing home.

At 09:30.

They rushed to the court and entered the second criminal court.

The cause of action in this case is fraud.

Because the case is an escalation of a civil dispute, it is relatively special, so there is no public prosecution agency such as the procuratorate to intervene.

in charge of reviewing...

Still a criminal court.

"Walk around, old seat, old seat, find your own seat, don't sit around."

"By the way, remember to leave one for Xiao Qin, he doesn't usually sit here."

"There is still half an hour before the court session, and none of the plaintiffs and defendants have come. Is it their lawsuit or ours?"

"This attitude really doesn't work..."

"..."

Zhang Qingyuan, Li Weiguo and others sat in their "old seats".

while chatting.

While waiting.

They also reserved a central position for Qin Mu.

It is claimed that they discovered it, the best melon-eating seat.

From here, you can clearly see all the expressions and reactions of the plaintiff and the defendant.

In the field of audition, they have studied very deeply.

even……

They could even call out the names of the bailiffs next to them.

Qin Mu: "..."

Looking at the series of performances of Lao Zhang and others, he suddenly realized that he was not the most familiar with the court!
There have been so many lawsuits.

The ones who know the court best are Lao Zhang and the others!

……

Nine fifty.

In the plaintiff's seat and the defendant's seat, both parties and lawyers have been present.

Plaintiffs.

Attending is Wan Zhongyuan.

After seeing Qin Mu, Zhang Qingyuan and others, they were obviously taken aback.

This was completely beyond his expectations.

"Vice President, come on!"

"So far, no one in our academy has ever lost a lawsuit, and you will definitely win!"

"It really doesn't work, let Xiao Qin come up as a substitute!"

And Zhang Qingyuan and others were also very enthusiastic, saying that they would support him throughout the process.

Listen to these cheers.

Wan Zhongyuan couldn't laugh or cry, his support group seemed a bit too strong.

Opposite of...

There are only one or two relatives in Yan Yeyun's auditorium.

The momentum before the trial was much weaker.

And in the dock.

With a little nervousness, Yan Yeyun looked around the courtroom.

This is her first time in court.

There is no pre-rehearsal before the trial.

Zhang Wei next to him comforted him patiently: "Don't be nervous, just follow the instructions in advance."

Done.

He glanced at Qin Mu in the auditorium again, and waved his hand in greeting.

This scene was seen by Yan Yeyun.

She asked vigilantly: "Lawyer Zhang, there are the relatives of the other party who are observing. Do you... know them?"

Zhang Wei said with a smile: "There is a friend among them, who is an old acquaintance."

Yan Yeyun was dubious.

"By the way, you have to remember later that the non-essential parts are left to me to speak, so as not to fall into the other party's trap."

Before the trial, Zhang Wei gave another warning.

now.

Yan Yeyun has given up the idea of ​​continuing to ask for a bride price, and let both men and women meet.

In other words, there is no crime of fraud involved.

Criminal responsibility is gone before the trial.

This lawsuit is already easy to fight, at least one of the parties will not go to jail.

……

"Boom-"

It's exactly ten o'clock.

Zhou Quanmin led the collegial panel into the court and sounded the gavel, announcing the start of the trial.

He scanned the entire courtroom.

Habitually glanced at the plaintiff's seat and the defendant's seat.

Seeing that Qin Mu was nowhere to be seen, he breathed a sigh of relief.

As long as there is no Qin Mu...

The case should be no trouble.

however……

A figure in the C seat in the middle of the auditorium caught his eyes again.

"The case may be a little complicated."

He said something silently in his heart.

The prosecution of the whole network case some time ago kept their entire court busy.

The workload is extremely huge, known as the largest in history.

He took a deep breath.

After the court discipline was read out, he turned to the plaintiff's seat: "This case is involved in a bride price dispute. Please read out the indictment, the facts, and the claims."

this case.

He and the collegiate panel knew about it before the court session.

The bride price of 108 million is not a small amount.

"Presiding judge, judges, the incident has developed to the present, and there have been some changes, so our party intends to temporarily change the litigation requirements."

plaintiffs table.

Before Wan Zhongyuan could speak, Qi Zhaoyu quickly took out a new indictment, which was submitted by the bailiff.

Zhou Quanmin and the other judges exchanged glances.

Re-read the indictment.

He nodded and said: "The change of the claim in court is in line with the trial procedure, and the change is approved."

in many civil cases.

Litigation requests at the time of acceptance often appear different as events change.

therefore.

The Procedural Law specifically stipulates that claims can be changed before and during the trial.

Propose a new direction for litigation.

Plaintiffs.

Upon seeing this, Wan Zhongyuan immediately stood up.

He recited his own new lawsuit request: "Dear presiding judge, judge, I, on the 12th of this month..."

in front of everyone.

He replaced his lawsuit of fraud with suing the other party for unjust enrichment.

"After the other party took my 108 million, they refused to return it."

"Therefore, I implore the court to order the other party to return my transfer of 108 million yuan, as well as certain civil compensation and interest compensation, totaling 36000 yuan."

After Wan Zhongyuan finished his statement.

in the dock.

Yan Yeyun was suddenly dumbfounded.

I couldn't help turning around, looking at Zhang Wei, and asked with a blank face: "Lawyer Zhang, why did I tell you wrong? Why did the other party change to something else..."

Zhang Wei also did not expect this scene.

But he calmed down and said in a low voice, "The other party is suing for unjust enrichment. Just make a brief statement later. If you don't understand, let me answer."

Unexpected situations often arise in litigation.

For example, it was completely unexpected for the other party to replace him with unjust enrichment.

But he didn't mess himself up.

Instead, think urgently about how to break the situation.

"The defendant is invited to make a reply. Do you have any objections to what the plaintiff just said?"

Followed by.

Zhou Quanmin looked at Yan Yeyun.

Yan Yeyun swallowed, but still bit the bullet and argued: "The money transferred to me by the other party was agreed to be the bride price for their marriage."

"Originally, we wanted to give more, but we thought it would be difficult for everyone, so we didn't ask for more."

"We raised a daughter and we married into their family. It's impossible for them to pay a penny?"

"This 108 million is the bride price!"

She has always insisted that this money is the gift money.

Seeing this, Zhang Wei showed a satisfied smile.

This case is to be won...

It is necessary to characterize the 108 million as gift money.

Otherwise, unjust enrichment will be solid.

Subsequently.

Zhou Quanmin concluded in a deep voice: "At present, the focus of controversy in this case is whether the 108 million is a bride price."

"Next, please present and cross-examine evidence from both parties."

The trial quickly entered the link of proof and cross-examination.

On Wan Zhongyuan's side, Qi Zhaoyu listed a large number of notarized certificates, proving that these properties belong to Wan Zhongyuan himself.

The license is also before the transfer of 108 million.

At the same time, he said that the bride price of 108 million was too outrageous.

108 million should not be set as a bride price.

And Zhang Wei also quickly stabilized the battle line, listing the chat records of both parents, and the transfer records in batches.

At the same time, both men and women are required to testify in court on the matter.

"Call witnesses!"

After a brief discussion, the collegial panel decided to let Wan Feizhang and Wen Le appear in court.

Asked the two of them: "During the time you two entered into a husband and wife relationship, did you promise to use 108 million as a gift money?"

Wan Feizhang swallowed.

He glanced at Wan Zhongyuan on the left, and Wen Le on the right.

I didn't know how to answer for a while.

"When the two of you entered into a husband and wife relationship, did you promise to use 108 million as a gift money?"

Zhou Quanmin continued to ask in a deep voice.

Seeing that Wan Feizhang didn't speak, Wen Le nodded first and said, "When we were discussing the marriage, we had already promised a gift of 108 million."

But Wan Feizhang still hesitated.

no answer.

Zhou Quanmin instinctively sensed something was wrong, and warned in a deep voice: "This is a court, and you will bear legal responsibility for every word you say. If you give false testimony in court, you may be held criminally responsible!"

Wen Le was so frightened.

Quickly changed his words: "They agreed at the time that the bride price was 66 yuan, which was added later..."

Seeing this, Wan Feizhang also agreed.

"Rebel!"

"Rebel!"

Plaintiffs.

Seeing his son standing opposite him, Wan Zhongyuan trembled with anger again.

"quiet!"

Zhou Quanmin sounded the gavel and continued to ask: "Has your marriage been coerced by external forces?"

at this point.

The judgment of the case is also very important.

"No, we married voluntarily, and the relationship between the two of us... is also very good."

Wen Le continued to answer.

But Wan Feizhang hastily agreed.

Even though he was scolded all day yesterday...

Then go on.

The collegial panel asked other questions related to the facts of the case.

Both the plaintiff and the defendant continued to argue over some evidentiary materials.

Both sides hold their ground.

One party believed that 108 million was not a bride price and needed to claim it back.

The other party believed that 108 million was indeed a bride price and should not be returned.

……

Auditorium.

Qin Mu, who was eating melons all the time, watched the wonderful performance of both sides with great concentration.

Zhang Wei and Qi Zhaoyu are two top lawyers in Jincheng.

The control of the case is very precise.

The two sides debated for two hours.

There is still no obvious victory or defeat.

in fact.

The reason for this is mainly because Wan Feizhang sided with the defendant.

This leads to the judgment of the marriage and other situations in favor of the defendant.

otherwise……

As long as Wan Feizhang expresses that his marriage is unlucky, and there are deceitful and oppressive behaviors, the situation will be completely different.

There are various plots of coercion and deceit, coupled with the fact that the bride price is given before the marriage registration, and the personal property is notarized, etc., the judgment of 108 million will be biased.

But now...

In court, both Wan Feizhang and Wen Le expressed that they had a good relationship and a happy marriage.

This makes the issue of betrothal gifts more complicated and tangled.

For legitimate marriages, bride price is reasonable and exists.

Therefore, Wan Zhongyuan cannot completely defend the 108 million as personal property.

It will come with some of the properties of the betrothal gift.

"It seems... 108 million cannot be fully returned."

Qin Mu glanced at Wan Zhongyuan who was trembling with anger, and sighed softly.

original……

According to his method, he can get it back.

Even if the other party cannot be classified as a crime of fraud, it is still possible to get all 108 million back with unjust enrichment in terms of marriage fraud and personal property.

"Which one of you understands? So you still haven't paid back the money?"

"Didn't you say you could sue the other party for cheating? Why did it suddenly become a relationship problem between the husband and wife?"

"Are you sure that the vice president's son is his own? Why does his elbow keep turning outward?"

"If you want me to have this kind of son, I will definitely beat him to death without saying a word!"

"..."

Beside Qin Mu.

Zhang Qingyuan, Li Weiguo and others started whispering.

Although they couldn't understand the defense, it didn't prevent their blood pressure from soaring.

Lao Tzu is fighting in court, but his son is on the other side.

Who is it instead...

It is estimated that there will be something wrong with anger.

"Boom-"

at last.

After the thorough debate between the two sides, the gavel sounded.

Zhou Quanmin announced a temporary adjournment for half an hour.

And in this gap in the recess.

With a livid face, Wan Zhongyuan walked out of the plaintiff's seat and towards the witness stand.

When passing the auditorium.

He picked up an old man's crutches again.

(End of this chapter)

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