Mental damage refers to mental pain, physical pain, or other serious mental abnormalities caused by the infringement of a natural person's personal rights and interests. Compensation for moral damages refers to a civil legal system in which the victim or his close relatives have the right to demand damages from the tortfeasor when a natural person's personal rights or certain property rights are unlawfully infringed, resulting in damage to his personal or property interests and serious mental suffering.
Netizen consultation:
What are the applicable circumstances for compensation for moral damages in divorce disputes?
Lawyer answers:
Husbands and wives shall be loyal to each other, respect each other, support each other, and care for each other, maintain stable family relationships, and create a positive and harmonious family atmosphere. In the determination of divorce, China's law should focus on safeguarding the interests of the innocent party. In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:
a) Bigamy;2) Cohabitation with another person;
3) Committing domestic violence;
4) Ill-treatment or abandonment of family members;
5) There are other major faults.
Claims for divorce damages must be premised on divorce. If the parties do not sue for divorce and only file a claim for damages, then the people's court will not accept it.
Lawyer adds:
Divorce compensation consists of two aspects: material damages and moral damages. Compensation for material damages includes: direct material damages such as the cost of collecting evidence of bigamy, prosecution costs, attorney fees, etc. Moral damages should be considered: the extent to which the innocent party to the extramarital affair suffered moral damage. The degree of mental harm and mental distress suffered by the victim may be considered, such as whether there are emotional disorders such as anger, fear, anxiety, frustration, sadness, etc.;Whether there is a physical illness due to mental and emotional impairment;Whether it is depressed, trance, affecting work and life;Whether there is a mental illness and so on.
Legal basis] Civil Code of the People's Republic of China
Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:
a) Bigamy;2) Cohabitation with another person;
3) Committing domestic violence;
4) Ill-treatment or abandonment of family members;
5) There are other major faults.
Lawyer Fang Fang's profile
Graduated from Southwest University of Political Science and Law, majoring in law. He has worked in the legal department of a large real estate development company for many years, has rich practical experience in real estate business, and is now the legal counsel of many enterprises. He has worked in Guiyang Intermediate People's Court and Guiyang Huaxi District Procuratorate, and has practiced for many years, with more than 100 litigation cases.