Basic facts of the case
Marriage has always been regarded as the embodiment of social foundation and morality, and loyalty, mutual respect and love between husband and wife are important cornerstones for maintaining family harmony and social stability. Is a gift from one of the spouses to an "extramarital lover" valid during the marriage?
On January 5, the Baijiantan District People's Court in Karamay City, Xinjiang Uygur Autonomous Region, heard a case of a gift contract dispute in which the "original spouse" sued the "extramarital lover".
Xiaojing and Xiaobai registered their marriage in 2015. Usually Xiaojing raises young children at home, and Xiaobai works as a passenger transporter. In 2022, Xiaobai met Xiaoyun while driving. In March of the following year, Xiaobai concealed that he was married and established a "love" relationship with Xiaoyun, during which he successively transferred "520 yuan" and "1314 yuan" with special meanings to Xiaoyun many times. In September 2023, Xiao Jing found an abnormality when checking Xiaobai's mobile phone, and looked for Xiaoyun Theory through WeChat voice, Xiaoyun said that she didn't know that Xiaobai was married.
Xiao Jing believes that from March to October 2023, Xiaobai donated 2The act of 70,000 yuan infringed on his property ownership and violated public order and good customs, so he sued the court and demanded that Xiaoyun return the gift money270,000 yuan, and pay interest during the period of capital occupation.
At the trial, Xiaoyun said that Xiaobai concealed the fact that he was married and established a "couple relationship" with himself, which also brought mental harm to himself, and the two spent nearly 1 for Xiaobai during the "couple relationship".about 50,000 yuan, and lent to Xiaobai 130,000 yuan, so the 270,000 yuan should not be refunded.
Xiaobai believes that after he and Xiaojing got married, all the income of the family was earned by working outside the home by himself, and he had the right to dispose of it himself, and should not be recognized as the joint property of the husband and wife.
Adjudication Results
After trial, the Baijiantan District People's Court found that Xiao Jing's statement was true. In addition, after Xiaoyun learned that Xiaobai was married in September 2023, he still dealt with Xiaobai in a "couple relationship", and continued to receive nearly 10,000 yuan from Xiaobai's transfer.
The Baijiantan District People's Court held that in this case, although the family income of Xiaojing and Xiaobai was the income of Xiaobai engaged in passenger transportation services, according to Article 1162 of the Civil Code of the People's Republic of China, the income belonged to the joint property of the husband and wife; Secondly, during the existence of Xiaobai's marriage with Xiaojing, he violated the law and ethics and established an "extramarital affair" relationship with Xiaoyun, although Xiaoyun argued that he did not know that Xiaobai had a family at first, but according to the chat records and the statements of the parties, it can be confirmed that Xiaoyun continued to maintain a "lovers" relationship with Xiaobai after learning that Xiaobai was married, and accepted "520 yuan" and "1314 yuan" from Xiaobai** and other payments with special meanings, which violated public order and good customs; As for the loan between Xiaoyun and Xiaobai or the money consumed by Xiaoyun for Xiaobai, it is a legal relationship between Xiaoyun and Xiaobai, and if Xiaoyun has no evidence to prove that Xiaobai used the money received from Xiaoyun for Xiaojing and Xiaobai's family to live together or is a joint debt of husband and wife, Xiaoyun can sue Xiaobai in a separate case to claim the relevant money.
After the interpretation and analysis of the presiding judge, the two parties finally reached an agreement, and Xiaoyun agreed to return Xiaobai's transfer 270,000 yuan, and bear the case acceptance fee.
Legal Guidelines
Article 1062 of the Civil Code stipulates that the following property acquired by husband and wife during the existence of marriage relationship shall be the joint property of husband and wife and shall be jointly owned by husband and wife
1) Remuneration for wages, bonuses and other services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Typical significance
Loyalty is the most basic bottom line of the marriage relationship, it is not only the embodiment of emotion, but also the responsibility and commitment to the family and society. Xiaobai is supposed to protect the warmth and happiness of the family, but he has improper intercourse with the opposite sex outside of marriage and disposes of the joint property of the husband and wife without authorization, and the law should make a negative evaluation of this, so as to maintain the stability of marriage and family and public order and good customs.