Looking at "Dear Enemy", Fa said that those things in marriage and family

As the saying goes, life is valuable and love price is higher. Recently, a legal documentary "Dear Enemies", which focuses on marriage and family affairs, has been broadcast, let us analyze the things in the marriage family in the drama from the perspective of the law.

What should I do in the face of my lover's derailment?

In the play, Ms. Jiang was disgusted by her husband because she was unable to give birth. In order to restore her husband's heart, Ms. Jiang tried to test tube baby technology many times, but she did not succeed. Later, at the request of her husband, Ms. Jiang agreed to the agreement to divorce. During the calm divorce period, Ms. Jiang still wanted to restore her marriage until Ms. Jiang accidentally found that her husband had lived with other women and had children in his marriage, and transferred 150,000 yuan as the engagement ceremony. Ms. Jiang was hit one after another, and she asked for divorce, her husband to apologize and make economic compensation.

After the promulgation of the Civil Code, for the derailment of the spouse's marriage, there is no fault to follow the provisions of Article 1091, paragraph 5 of the Civil Code, "have other major faults". Require damage compensation to the derailed party. So, how should you proof in the lawsuit?

The evidence submitted by the parties should be as comprehensive as possible in order to form a complete evidence chain, including but not limited to the self -recognition, repentance, and guarantee of the derailed party; Prove photos, videos, etc. of derailment love festivals. However, it is necessary to pay attention to the method of obtaining evidence and the scope of evidence to avoid infringing on the privacy and reputation of others.

In addition, derailment is usually hidden, and the other party usually denies during the trial. The judge can use logical reasoning to make a determination of the proof of evidence in combination with daily experience. After determining that there is a derailment in the marriage, the large transfer of derailment parties to derailment objects may also be recovered by violating the equal handling of the husband and wife's equal treatment and violations of public order and good customs.

How should the victims in family violent marriage be defended for a long time?

Ms. Tang in the play has suffered violence for her husband for many years, and her husband conflicts with others and has a physical conflict with others. Back home, even in front of the family, her husband will punch Ms. Tang. As soon as Ms. Tang talks about divorce, her husband will go to her brother's house and parents' house to find something to do with her mouth, and Ms. Tang is afraid of it.

The announcement of the Anti -Family Violence Law at the end of 2015 provided legal protection for the families in the family, but the domestic violence in marriage was still repeatedly banned. So, what should I do if they are violence by domestic violence in marriage?

First, protect yourself as much as possible at the time of the incident and avoid greater harm. Also ask for help from others in time, including alarm, calling the 12338 Women's Federation hotline, reflecting the situation from the units of the two parties, the residential residence committee, the village committee, the personal protection order to the court, and the divorce lawsuit. In addition, there must be evidence to collect awareness, timely go to the hospital to check the injuries in time, and keep relevant video videos, recording, chat records, medical records, etc.

The "Supreme People's Court's Provisions on the Application of Laws for the Application of Personal Safety Protection Cases", which was implemented from August 1, 2022, further clarified the application entity, domestic violence performance, domestic violence performance, domestic violence performance, and domestic violence law. Evidence content, protection order, punishment, etc. Based on this, the victims in the marriage do not need to raise the relevant evidence based on the premise of the protection order of the applicant, and the relevant evidence can be collected in accordance with the above regulations.

Article 1042 of the Civil Code on the prohibition of marriage and family clearly clearly clarifies that "prohibiting family violence. Forbidden abuse and abandonment among family members." If the husband or wife has a family atrocities and a divorce lawsuit, the mediation by the court shall be allowed to divorce both parties. In this case, no mistakes can claim divorce damage compensation in accordance with Article 1091 of the Civil Code.

For the house, do n’t mother and son go from the family?

In the play, Aunt Chen re -established a new family after divorce. As the child of Aunt Chen and her ex -husband, Mr. Li was worried that his mother promised to give her house before she would be divided by other siblings. Because Aunt Chen repeatedly informed him, Mr. Li was fighting with a knife in anger, causing Aunt Chen to fracture his left hand, obvious facial bruises, and soft tissue. Call the police.

Aunt Chen's encounter is often encountered in family trials. So, how can the elderly protect their rights and interests because their children are fighting for property?

The elderly suffer from domestic violence, and can take timely alarm, require the organization where the violence is located, and its superior organs, residential neighborhood committees, village committees and other relevant departments to resolve measures to the court's personal protection order or directly file a lawsuit. According to the provisions of the Anti -Family Violence Law and the Protection Law of the Elderly, the public security organs shall timely be sent to the police after receiving the family violence to stop the domestic violence. If the circumstances are mild and impose punishment of public security management in accordance with the law Education or warning books, and sent to the victims and victims to inform the residents 'committees and villagers' committees. The above -mentioned relevant departments should conduct inspections to supervise the harmful people no longer implement domestic violence. If the harmful person implements domestic violence and constitutes a violation of public security management, punishment for public security management shall be given according to law; if a crime constitutes crimes, criminal liabilities such as abuse and intentional injury are investigated in accordance with the law.

According to Article 663 and 665 of the Civil Code, those who are seriously infringed with the legitimate rights and interests of the gifts may revoke the gift and revoke the owner to cancel the gift from the gift. In addition, Article 1125 of the Civil Code stipulates that if the inheritance of the inheritance of the heir or the abuse of the inheritance of the inheritance is lost. On this basis, "forced or stretched the means of force or hinders the inheritance of the heir to establish, change or withdraw the will, and the circumstances were seriously added as the reason for losing the right to inheritance. Aunt Chen's encounter is extremely distressed, and the affection is very moving, but excessive endurance will only be counterproductive. Aunt Chen should pick up legal weapons. This is both self -protection, but also allows children to grow and independence.

As the saying goes, home and everything are happy. Home can be a small family for couples. Even if the love fades, I hope that each other's love for each other will reduce the harm to the families and children of both parties as much as possible. If the marriage has been to the point where the book is in charge of the book, I also hope that the two parties will be treated calmly and solve it rationally. Home, you can also be the same in the same hall. The most important way for life is mulberry. As a child, you should not obey your parents blindly, and you should be the right way. As described in the forefront propaganda, "let the law full of temperature, return emotions to reason, turn the enemy into a deceased, and seek for a new life!"

- END -