Civil code is called "encyclopedia of social life", which is a declaration and guarantee of civil rights.
The civil code is closely related to us, and everyone can't live without it from birth to death. Almost all civil activities, from signing contracts and setting up companies to paying property fees and handling marriage disputes, should be found in the Civil Code.
The introduction of the civil code has found accurate judgment basis for many cases that are not "conclusive"; Let many controversial "troubles" in daily life have a clear "statement".
202 1 finally announced the punishment for cheating men: according to the new regulations, the consequences of sleeping with other people's wives this year are very serious.
If there are other major fault behaviors that lead to divorce, the innocent party has the right to claim damages.
Article 46 of the original Marriage Law stipulates that: "In case of divorce under any of the following circumstances, the innocent party has the right to claim damages: (1) bigamy; (two) a spouse living with others; (3) committing domestic violence; (4) maltreating or abandoning family members. "
The Civil Code regards "other gross negligence" as the legal situation of the claim for damages. If the other party has serious faults such as cheating, adultery, whoring, improper communication, etc., the innocent party can also claim damages and is expected to get the support of the court.
When dividing the joint property of husband and wife in divorce, we should take care of the rights and interests of the innocent party.
During divorce, husband and wife must negotiate how to distribute wealth. If consultation fails or there are differences, the court shall make a judgment. There are two situations: if you have more wealth, you can divorce.
1. If one party in the marriage is at fault, the innocent party can distribute more property.
Therefore, the innocent party in marriage needs to keep calm, collect the evidence of the other party's fault behavior as much as possible, and ensure their legitimate rights and interests.
2. The spouse who raises more children after marriage can divide the family property at the time of divorce.
The Civil Code of People's Republic of China (PRC) protects both husband and wife who pay more for their families in their lives. Especially housewives, it is difficult to take care of children. Relevant evidence must be collected before divorce, and financial compensation can be obtained when divorce.
Those who violate the provisions of the Civil Code on marriage and family: "marriage and family are protected by the state" and "monogamy is practiced in China", if they live with other people's wives, they may violate the provisions of Article 1042: "Bigamy is prohibited. Spouses are prohibited from cohabiting with others. "
Some people say that as long as they love each other, the law can't control it. In fact, such behavior violates Article 1043: "Husband and wife should be faithful to each other, respect each other and care for each other." If someone is really brave enough to intervene in other people's marriage, it is against the concept advocated by law.