Socialist core values "Civil Code" Micro Case: What are the protection of full -time wives to get when divorced
Author:Look at the legal system Time:2022.09.16
Micro -case
Now some women in the society are about to face problems such as having children, taking care of children, and taking care of the elderly. They often do not formally work. Later, in this case, if the man proposed a divorce, how should the woman's rights be guaranteed?
Micro -case
Now some women in the society are about to face problems such as having children, taking care of children, and taking care of the elderly. They often do not formally work. Later, in this case, if the man proposed a divorce, how should the woman's rights be guaranteed?
Zhang Mouming and Zhao Mouhua had a girl after marriage, because neither the elderly helped the children to bring their children. After the child was born, Zhao Mouhua resigned from work and cared for the child at home. Zhang Mouming made money outside work, ignored the family, had contradictions, and the quarrel continued. Zhang Mouming believed that Zhao Mouhua couldn't go out at home every day, and they were disconnected from the society. Divorce is required. Zhao Mouhua agreed to divorce, but thought that he took care of his children and do housework every day, so that Zhang Mouming had no worries about his worries. Now he needs to re -integrate into society and find a job after divorce. Give economic compensation. In the end, the court ruled that Zhang Mouming and Zhao Mouhua divorced, and Zhang Mouming paid Zhao Mouhua's divorce compensation for 20,000 yuan.
Judge interpretation
According to Article 1088 of the Civil Code: If one of the husband and wife, one of the couple has more obligations due to the burden of breeding their children, taking care of the elderly, and assisting the other party's work. Essence The specific measures shall be approved by both parties; if the agreement fails, the people's court will be judged.
In real life, many situations are outside the male and the female lead. The provisions of the clauses in the Civil Code for the most paid by the family will be more fair for couples.
Female friends, if you want to get his expected divorce economic compensation, it is recommended to use the form of the two parties in the form of marriage to determine in writing.
Zhang Mouming and Zhao Mouhua had a girl after marriage, because neither the elderly helped the children to bring their children. After the child was born, Zhao Mouhua resigned from work and cared for the child at home. Zhang Mouming made money outside work, ignored the family, had contradictions, and the quarrel continued. Zhang Mouming believed that Zhao Mouhua couldn't go out at home every day, and they were disconnected from the society. Divorce is required. Zhao Mouhua agreed to divorce, but thought that he took care of his children and do housework every day, so that Zhang Mouming had no worries about his worries. Now he needs to re -integrate into society and find a job after divorce. Give economic compensation. In the end, the court ruled that Zhang Mouming and Zhao Mouhua divorced, and Zhang Mouming paid Zhao Mouhua's divorce compensation for 20,000 yuan.
Judge interpretation
According to Article 1088 of the Civil Code: If one of the husband and wife, one of the couple has more obligations due to the burden of breeding their children, taking care of the elderly, and assisting the other party's work. Essence The specific measures shall be approved by both parties; if the agreement does not, the people's court will be judged.
In real life, many situations are outside the male and the female lead. The provisions of the clauses in the Civil Code for the most paid by the family will be more fair for couples.
Female friends, if you want to get his expected divorce economic compensation, it is recommended to use the form of the two parties in the form of marriage to determine in writing.
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