The classic lines in the movie "Journey to the West" have been moved to reality, in the movie, if you add a time limit to love, hope is 10,000 years, in reality, someone pays her lover in order to express her love, saying that the loan is 10,000 years, but it didn't take long for the man to regret it and want to come back
Lao Zhu and Xiao Chen fell in love and lived together, Xiao Chen was single at the time, and Lao Zhu still had a family, but he deceived Xiao Chen and lied that he had divorced his wife. In order to express his love, Lao Zhu took the initiative to transfer 300,000 yuan to Xiao Chen, and indicated that he had obtained a divorce certificate for this money"Margin"。After Xiao Chen received the transfer, he wanted to write an IOU to Lao Zhu. Lao Zhu said"If you have to write an IOU, if you have to add a deadline, then borrow it for 10,000 years! "
Later, the relationship between the two broke down and ended the cohabitation relationship, Lao Zhu asked Xiao Chen to repay the money, and Xiao Chen was willing to repay, but Lao Zhu said that if he wanted to maintain a relationship, he didn't have to pay it back, Xiao Chen refused to continue to be a junior, and Lao Zhu turned his face and sued the court. Can this Qian Lao Zhu come back?
After the trial, the court held that after Lao Zhu paid 300,000 yuan to Xiao Chen, the two parties made their respective expressions of intent through WeChat. Xiao Chen took the initiative to ask for an IOU, but Lao Zhu refused with the expression "add a period of 10,000 years". As a result, the legal relationship between the two parties on private lending failed to reach an agreement.
Lao Zhu made it clear that borrowing 10,000 years should be deemed not to have the intention of asking for return, and should be recognized as a gift. Lao Zhu has a spouse and other people living together, and his behavior violates the principles of honesty and credibility and public order and good customs. Therefore, Lao Zhu's claim had no basis in law, and the final judgment rejected Lao Zhu's claim. Lao Zhu appealed, and the Suzhou Intermediate People's Court upheld the original judgment in the second instance.
If Lao Zhu's wife goes to ask for this money, can she ask for it back? Not necessarily! There are roughly the following three situations, you can refer to them:
First, come back.
If the husband and wife have signed a property agreement and each disposes of his or her own property, it will be difficult for the other spouse to recover what he or she has gifted.
Second, all of them have to come back.
In the absence of a property agreement, according to the provisions of the Civil Code, the act of one of the spouses disposing of the joint property of the husband and wife without authorization during the existence of the marital relationship shall be invalid. Therefore, the innocent spouse has every reason to demand that the "little three" return all the donated property in order to protect his or her lawful rights and interests, and the people's court should also support the full return.
Third, it is also possible to come back halfway.
The cheating party has no scruples and respects social morality, but he has the right to freely dispose of his part of the property, so the gift may only be partially invalid.