On the occasion of International Women's Day, in order to further deepen the publicity and education of women's rule of law, create a good social atmosphere of equality between men and women and safeguard the legitimate rights and interests of women, the Hefei Women's Federation opened a column of "Explaining the Law with Cases", leading everyone to learn typical cases related to the rights and interests of women and children, and further improving women's awareness of the rule of law and their ability to follow.
Explain the law with cases
Can I get back the money I gave to a third party for cheating?
part.1
Basic facts of the case
Wang and Deng registered their marriage in 2002. Zhang went to work for Deng in June 2016, and at the end of 2016, Zhang began to have frequent contact with Deng due to business dealings and developed a lover relationship until the end of 2018. Later, Deng sent red envelopes of specific significance to Zhang many times on special festivals and daily life, and transferred a large amount of money, totaling 200,000 yuan. After Wang found out that Deng had cheated and donated marital property without authorization, he sued the court to confirm the invalidity of her husband's gift and asked Zhang to return the 200,000 yuan that was donated.
During the trial, Deng had no objection to Wang's claim. However, Zhang argued that he agreed to Deng's pursuit without knowing that Deng was married, and Deng voluntarily gave her money in order to please her. During the period of their relationship, the two of them shared expenses and spent 1More than 30,000 yuan, Zhang transferred more than 50,000 yuan to Deng's WeChat, and spent more than 20,000 yuan for Deng to buy goods and other expenses, and the above funds should be discounted. Zhang believes that Deng, as one of the husband and wife, should enjoy the independent right to dispose of part of the property, and that the property donated by Deng should not be returned to part of the joint property of Deng.
part.2
Court decision
The court held that during the existence of the marital relationship between Deng and the plaintiff Wang, he had an improper relationship with the defendant Zhang. In addition, without Wang's consent, the joint property of the husband and wife was donated to Zhang, which violated public order and good customs, seriously damaged the plaintiff Wang's ownership and right to dispose of the joint property of the husband and wife, and violated the provisions of the law. Therefore, Liu's act of donating money to defendant Zhang should be found to be invalid, and the money obtained by defendant Zhang should be returned. In accordance with the relevant provisions of the Civil Code of the People's Republic of China, the defendant Zhang was sentenced to return 200,000 yuan to the plaintiff Wang in accordance with the law.
part.3
Lawyer's statement
According to the provisions of the Civil Code of the People's Republic of China, the property acquired by the husband and wife during the marriage shall be the joint property of the husband and wife, unless otherwise specified, and shall be jointly owned by the husband and wife. During the existence of the marital relationship, the husband and wife have equal rights to dispose of the joint property, and the disposition of the joint property of the husband and wife by one party without authorization shall be invalid. However, the gratuitous gift of "third party" property is an act of disposing of common property that is not necessary for daily life, harming the property rights and interests of the other party, and in the vast majority of cases, such a gift is an act that violates public order and good customs, challenges the bottom line of morality, and needs to be condemned. Public order and good customs represent the basic public order and good moral customs of society, and marriage and family are a kind of relationship and a kind of order. Although the above-mentioned judgment cannot put an end to the breach of the duty of loyalty, it hopes to inspire the injured party to use the law to protect its legitimate rights and interests, and at the same time warn those who intervene in the marriage of others will bear the corresponding legal consequences, so as to demonstrate the justice of the law and promote good morality.
Links to legal provisionsCivil Code
Article 153Civil juristic acts that are contrary to public order and good customs are invalid.
Article 157After a civil juristic act is invalid, revoked, or determined not to be effective, the property acquired by the actor as a result of that act shall be returned; where it cannot be returned or it is not necessary to do so, compensation shall be made at a discounted price. The party at fault shall compensate the other party for the losses suffered thereby; Where all parties are at fault, they shall each bear corresponding responsibility. Where the law provides otherwise, follow those provisions.
Article 1062The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
1) Wages, bonuses, and remuneration for labor 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.
Husband and wife have equal rights to dispose of joint property.
**: Hefei female