In Taiwan, suing for infringement of spouse rights may get more than the amount of alimony for divorce! If you see your spouse and others clinging to each other and can’t bear this tone, you can file a complaint for the infringement of spouse rights!
Recently, Taiwan’s entertainment media reported that Ma Junlin’s wife accused Wang Tong of infringing spouse rights, seeking NT$4 million. In addition, Taiwan’s New Taipei District Court’s 107 civil judgment: "The two defendants clasped and embraced each other. It is hard to recognize that they were merely supporting and accustomed to shoulder-to-shoulder movements." This infringed the right of spouse. According to this, if the husband and the extra-marital woman are awarded compensation, the wife shall be jointly compensated NT$100,000.
Let me talk about what is "spouse right" first?
The connotation of spouse right is not clearly defined in Taiwan law. In practice, according to the interpretation of the Taiwan courts, spouse rights are "married couples have the obligation to be honest with each other." If "one party acts dishonestly and commits acts with others that can undermine the complete safety and happiness of the couple's life together", it is an infringement of the spouse. Right behavior. (Taiwan Supreme Court 41 Years Taishang Zi No. 278, 55 Years Taishang Zi No. 2053 Cases Reference, Taiwan High Court 102 Shang Yi Zi No. 801 Civil Confirmation Judgment)
But what is "dishonesty destroys couples" What about the complete safety and happiness of living together"? This description is too close and vague. Therefore, a few judgments are specifically identified for reference:
1. Adultery: Usually the amount of compensation is between hundreds of thousands of NT dollars, which will be determined based on the economic strength of the parties and the circumstances of the case. However, adultery is often difficult to prove. (Taiwan High Court's Civil Definite Judgment No. 98 of Shang Yi Zi No. 98 in 108 ~ The compensation for adultery infringement of spouse's rights is 300,000 yuan)
2. Send the message "Baby I miss you": The compensation is NT$100,000. They both act as "parents-in-law" and hold hands when they go out. The interaction has reached the level of undermining the complete security and happiness of the marriage and common life (Taipei Summary Court 106 Beijian Zi No. 14531 Civil Judgment)
3. Hands clasped and embraced: NT$100,000 was awarded. It is difficult to recognize that this kind of behavior is merely a simple support and habit of shouldering, and it is obviously beyond the normal social behavior of normal interaction. It should be recognized that there is indeed an ambiguous relationship between the two defendants. (Taiwan's New Taipei District Court No. 107 Civil Judgment No. 2075)
4. Traveling together several times: NT$150,000 was awarded. Taking multiple intimate photos and deliberately concealing the love from the other party, and there are ambiguous conversations on LINE, which confirms that the private relationship between men and women who have a fairly close relationship has violated the spouse relationship. (Taiwan’s Xinbei District Court, Jianshang Zi No. 232, Civil Confirmation Judgment, 104)
Let’s look at the mainland's regulations on spouse rights. Mainland China adopts a more flexible attitude towards spouse relations. One of the grounds for divorce under the Mainland's Marriage Law must be "a person living with another spouse." Adultery generally does not constitute a ground for divorce. Only if you have a spouse living with another person can claim damages. For adultery or close contacts that go beyond normal social interaction, compensation is generally "not allowed", and there is "no" criminal responsibility for adultery. (Articles 32 and 46 of the Marriage Law of the People’s Republic of China)
based on Taiwanese court judgments, the infringement of spouse rights covers a wide range, not limited to adultery; irregular interactions beyond general social behavior may infringe spouse rights; infringement of spouse Proof of right is far easier than adultery, and has a lot of room for interpretation and establishment. It is a weapon for "victimization" (in Taiwan, adultery has criminal liability in addition to civil liability; other violations of spousal rights only have civil liability).
just, once the complaint, can this marriage go on?!
-
-
-
-
-
-
-
-
-
-