[ad_1]
Original title: Full-time wife received 50,000 divorce allowances for housework. Experts say it’s a legal recognition of the value of housework
The case of “divorced full-time wife and received 50,000 yuan in compensation for housework” triggeredpublicHot discussion. Recently, the Fangshan District People’s Court, Beijing, concluded a case for compensation for divorce and domestic work under the Civil Code. On the basis of the granting of the divorce between the two parties, the court of first instance ruled that the woman had to assume more obligations in the care of children and housework, and decided that the man should pay the woman 50,000 yuan in compensation for housework.
Executive Director of the China Family and Marriage Law Society, Beijing Tianchi JuntaiattorneyThe firm’s lawyer Yang Xiaolin stated that the sentence reflects the legal aspects of domestic work.workHigh recognition of value. Regarding whether the amount of 50,000 yuan of compensation for housework in the case is reasonable, Yang Xiaolin believes that the amount of compensation should be determined based on actual conditions. “The amount of 50,000 yuan of compensation set by the judge to The judge’s discretion is not low, otherwise the other party will not have the real ability to comply. No matter how high the sentence is, the sentence will be vacated. “
What is the meaning of the sentence in this case?
—— Expert: recognizes the value of housework from a legal perspective
What is the “domestic work compensation” mentioned in the case? What is the basis of the judgment?
Yang Xiaolin introduced that the so-called “housework compensation” refers to the provisions on financial compensation rights enjoyed by the party who has performed the most housework in the event of divorce. “This is essentially an acknowledgment of the value of housework, which can make the economic situation of the party with the most housework enjoying financial compensation at the time of divorce, and the party enjoying compensation is mostly women.
The ruling on compensation for domestic work in this case is based on the “Civil Code” officially implemented on January 1 of this year.
Article 1088 of the “Civil Code” stipulates that one of the spouses is responsible for raising children, caring for the elderly and helping the other spouse.jobsIf you have more obligations, you have the right to request compensation from the other party at the time of divorce, and the other party will have to pay compensation. Specific measures will be negotiated by both parties; if the agreement fails, the popular court will rule.
Yang Xiaolin introduced that relevant regulations existed before the implementation of the Civil Code. He introduced that Article 40 of the Marriage (Amendment) Act 2001, according to domestic work mainly by womensocietyActually, a financial compensation system for household chores has been added, but there is a premise thatpropertysystem.
“At first glance, this provision not only focused on gender equality, but also on the protection of women. However, in practice, the number of couples adopting a separate property system is very small, which It results in financial compensation for divorced domestic work out of reality, which is basically a ‘zombie clause’. ” Yang Xiaolin said that he has not come across a single case applying this clause in his business as a marriage and family lawyer for more than ten years.Case。
The “Civil Code” abolished the restriction of the separate property system for domestic work and workers’ compensation. “The Civil Code breaks the property system restriction for housework compensation and recognizes the value of housework from the top of the law,” Yang Xiaolin said.
In such conditions, if one of the spouses invests more in housework, he not only enjoys the right to share in the common property of the spouse at the time of divorce, but he can also request additional compensation for housework. ” This strengthens the rights and interests of the party that has invested the most in the family. Protection is part of the financial compensation system for divorce. “
Is the 50,000 yuan compensation too small?
——Experts: The amount of compensation is not low and too high can cause the verdict to fail.
What are the considerations for the 50,000 yuan housework compensation in the trial trial of this case?
Yang Xiaolin introduced that for the amount of compensation, the comprehensive consideration of factors by the court mainly includes the time of housework, the energy devoted to housework, the efficiency of housework, the compression of the space of self-development of the party with more family obligations, personal job choices, and earning capacity OpportunitycostImpact.
In addition, they are also factors to consider whether the other party gets tangible property benefits, intangible property benefits, and expected property benefits.DurationAcademic qualifications, degrees, job prospects, etc. obtained in time.
Yang Xiaolin said that according to publicly available information, the case involved both parties who did not have much common property during the marriage. Some of Ms. Wang’s claims were not supported due to insufficient evidence. However, Ms. Wang assumed more obligations. The application of the provisions of this article of the Civil Code is more conducive to the protection of her rights and legitimate interests.
In response to the Internet voice that “the 50,000 yuan compensation is too small,” Yang Xiaolin said that this questioning opinion is relatively one-sided. He said that the judgment of the case should be based on the actual situation, “Under the premise that both parties have little common property and both parties have a lower income level, the compensation amount of 50,000 yuan set by the judge at the discretion is not low, otherwise the other party There is no real ability to perform, no matter how high the sentence, the sentence will fail. “
Introduced that compensation is based on the determination of the joint property division of husband and wife, and must be drawn from the personal property or shared property of the party assuming the payment obligation, and cannot be used to deduct compensation economic before the division of the joint property of husband and wife. “Therefore, in this case, the 50,000 yuan compensation is the compensation amount set separately under the premise of the actual division of the common property of both parties, rather than the entire property obtained at the time of divorce.
“This case at the Fangshan District Court in Beijing will bring great benefits to family trials in other courts.borrowIn order to better promote the protection of the rights and interests of women and children in family trials. Yang Xiaolin said.
(Source: Beijing News)
(Responsible editor: DF524)
I solemnly declare: The purpose of this information disclosed by Oriental Fortune.com is to spread more information and has nothing to do with this booth.
[ad_2]