<br>Married couple signed a "couple Agreement", and later his wife repeated domestic violence, divorce unbearable. Prior to huge compensation stipulated in the agreement valid? The highly controversial issue of the legal profession, recently had a case. After 3 years and 3 trials, the Guangzhou Intermediate People's Court involving the compensation of 400,000 yuan together to make divorce sentencing retrial. Because the man at fault of domestic violence,http://tucchy.sakura.ne.jp/c/epad/epad.cgi?mode=view&no=6295&res=1&page=20, the court's final convention is greater than the statutory principle, ruling the man the woman according to the agreement for compensation of 40 million.<br> <br>A lady suffered domestic violence did not expect, though he had signed a "marital agreement" agreed compensation, but in the lawsuit, had agreed amount of compensation has become a focus.<br> <br>Ms. A and Mr. Z was registered in 2005 got married, two signed a "couple Agreement", which reads:. "Friendly consultations by both spouses, equality, voluntary premise, the couple agreed to enter into this Agreement During the common life, faithful to each other, mutual respect, and maintain equal, harmonious and civilized marriage and family relations, family, spouse,http://bbs.smnet.com.cn/home.php?mod=spacecp&ac=blog&blogid=, children have a moral and family responsibility agreement expressly provides as follows: First, personal property: Budget independently, marriage During the surviving sides of wages, bonuses, social welfare, production and operating income an individual all 2, common property: Use both sides of the names to open bank deposit accounts for the common property of condominium three debts: premarital debts their commitment; debts marriage, the two sides signed, shared; unilateral signature shall be borne by the signer alone four, according to the "Marriage Law" Article 46 stipulates: There bigamy, who has a spouse living with others. , domestic violence, and one case of maltreatment and abandonment of family members, leading to divorce,http://bbs.kachakacha.net/forum.php?mod=viewthread&tid=4221&fromuid=285, there are the innocent party must apply to the innocent party to pay compensation in the amount of time to pay 400,000 yuan. "<br> <br>400,000 compensation "exaggerated"?<br> <br>Marriage, A Lady with Mr. Z has repeatedly come into conflict because of economic problems, Mr. Z also Miss Xiang Zhang moved several hands. December 4, 2007, Mr. Z Ms. A fight will cause minor injuries. Mr. Z do this by Guangzhou Yuexiu District Court sentenced intentional injury control for six months.<br> <br>Because of unbearable domestic violence, A Ms. final divorce, and advocate Mr. Z should follow "the couple released" agreement should be compensated 400,000 yuan.<br> <br>In 2008, Guangzhou Yuexiu Court of First Instance that, according to "People's Republic of China Marriage Law" Article 46 stipulates that domestic violence leads to divorce, the innocent party is entitled to claim damages. The man to deal with the woman for compensation. Because domestic violence involving personal relations, so in considering the amount of damages should be combined with the consequences of the injured party, the party's harmful actions harm, property harm parties into account, and not only the two sides signed the "marital agreement" convention Quasi. In this case, A Ms. heaviest once identified constitutes a minor injury, if in full accordance with "marital agreement" 400,000 yuan compensation agreement, the consequences of the damage and apparently Ms. A, Mr. Z's behavior and property damage situation does not phase adapt, but also quite contrary to the principles of personal injury or loss, taking into account the actual injury, Ms. A,Woolrich Bologna, Mr. Z's harmful actions and property status,moncler pas cher, therefore, appropriate, Mr. Z ordered compensation for damages Ms. A $ 50,000 grant divorce.<br> <br>Retrial finds that "husband and wife agreement" valid<br> <br>After the sentence,http://www.northhills-sp.com/store/cgi-bin/cp-app.cgi, the second person appealed to the Guangzhou Intermediate People's Court upheld the results obtained.<br> <br>To this end, A Ms. Guangdong Provincial Procuratorate to apply for protest, after the Guangdong Provincial Procuratorate protest, the Guangzhou Intermediate People's Court for retrial of the case.<br> <br>2011, the Guangzhou Intermediate People's Court retrial think, Mr. Z and Ms. A on April 16, 2006 signed the "marital agreement" is both true intention of the parties that there was no violation of the mandatory provisions of national laws and regulations, should recognized as legal and valid. By convention the parties shall fully perform their respective rights and obligations. Secondly, the Supreme People's Court "on the application of <People's Republic of China Marriage Law> Interpretation of Several Problems (a)" Article 28: Article 46 of the Marriage Law, "damages" including material damages and compensation for moral damage . Involve mental damages, the Supreme Court applies "on the determination of tort liability Compensation of spiritual interpretation," the relevant provisions. A lady from Mr. Z and signed "agreement the couple," the content reflects the two sides agreed 400,000 yuan compensation, including compensation for material damage and mental damages. The trial verdict will be 400,000 yuan compensation are recognized as compensation for moral damage, and then finds that the amount is too high, it is biased. Third, Mr. Z to A lady repeated domestic violence, has reached the level of a criminal offense, give A woman's physical and mental health are causing serious damage,http://web1031.webmall.hostdns.cc/news/html/?31524.html, even though a considerable loss in accordance with the principles of personal injury,http://sportsfan.jpn.org/cgi-kban/sunbbs.cgi?mode=form&no=127&page=1, the agreed 400,000 yuan compensation is not significantly high. Fourth, Mr. Z as a full civil capacity of the "husband and wife agreement" the contents of the agreement should be clear,http://framasoft.net/spip.php?article1294, the responsibility for the consequences of breach of agreement should have foreseen, to bear the economic capacity of the compensation should be considered after , which should bear the responsibility for the consequences of their actions. Fifth, Mr. Z in one, during the second trial on the amount of compensation payments were not challenged, nor made the adjustment, the trial verdict will be 400,000 yuan compensation adjustment of $ 50,000 based on insufficient.<br> <br>In summary, the retrial support Ms. A claims 400,000 yuan of claims.<br> <br>■ Judges Comments<br> <br>Compensation should include material and spiritual<br> <br>Guangzhou Intermediate People's Court trial court judge monitoring analysis, the focus of dispute in this case is that the two sides agreed the couple 400,000 yuan Divorce damages too high? This relates to the nature of Divorce damages and the problems of how to determine the amount of damages Divorce.<br> <br>Divorce damages system is a system of foreign family law in general settings, "the French Civil Code," "the Swiss Civil Code," "Mexican Civil Code" and others have provisions, it aims to protect the interests of the injured party and the weak marriage, implement the principle of fairness and justice in family law and support the principle of protecting the weak.<br> <br>China's "Marriage Law" provides one of domestic violence need to be "damages", which relates to the spirit of the relevant provisions of damages for the Supreme Court "on the determination of tort liability Compensation of spiritual interpretation" of. This is the case of divorce fault compensation specified by law,moncler sito ufficiale, in the case of the parties have not agreed otherwise directly applicable.<br> <br>Ms. A and Mr. Z has been previously agreed upon in the agreement, such as one of the four cases, "Marriage Law" Article 46 appears, lead to divorce, there are the innocent party must apply to the innocent party to pay compensation in the amount of 400,000 yuan . This way will be clear by the amount of compensation. According to the agreement is greater than the statutory principle, under normal circumstances should prevail agreement between the parties. And in accordance with the judicial interpretation of the Marriage Law shows that where compensation actually contains material damages and mental damages.<br> <br>In this case the husband to his wife, Mr. Z Ms. A cause of domestic violence which constitutes a minor, considering only minor injuries such as physical damage, 400,000 yuan in compensation there may be too high may, this is the first instance verdict to adjust the compensation of major considerations. However, except for physical damage on the body, A lady also suffered spiritual damage. This mental damage in addition to the physical damage caused by mental anguish because, more personal relationship based on a couple of special and intimate emotional relationship which suffered mental shock and heart trauma. Thus,doudoune moncler pas cher, in the divorce damages, the Court can not mechanically apply the principles of personal injury or loss considerably, but should be considered in material damage and moral damage suffered by the parties, and as a measure of the amount of compensation which should be obtained. It is based on this consideration retrial case and commuted.<br> <br>400,000 compensation is not "manifestly excessive"<br> <br>The trial court judge held that the prison, the amount of compensation "on the determination of tort liability mental damages a number of issues of interpretation" Article X, moral damage is determined according to the following factors: First, the tortfeasor's fault except the extent otherwise required by law; and Second, the means of infringement, occasion, behavior and other specific circumstances; three consequences resulting from infringement; Fourth infringer's profit situation; Fifth infringer economic capacity to assume responsibilities; six is the seat of the Court of Appeal that the average life Level. The present case, Mr. Z during marital relationship continues to exist on many occasions Ms. A domestic violence, after Ms. A multiple alarm still failed to change their behavior, and lead to Ms. A minor, which is quite a subjective fault is not serious, acts also It is quite bad. Therefore, 400,000 yuan of compensation is not significantly high. In contrast, Mr. Z's own economic situation, as the staff of the institution, has a stable job income and some savings, have paid such compensation economic capacity, and the payment of compensation will not have a significant impact on its economy.<br> <br>Therefore, in this case the couple agreed 400,000 yuan Divorce damages did not violate the spirit of the Supreme Court judicial interpretation of the provisions of damages, unconscionability or circumstances leading to the other side of life nor troubled existence, retrial requested the tortfeasor According to the agreement agreed to pay 400,000 yuan compensation,http://vegalta7.s156.xrea.com/aska/aska.cgi/heataf, both respecting the principle of party autonomy embodied, but also for the innocent party to protect personal rights and remedies, highlighting the social nature of marriage,canada goose femme, the seriousness and authority.<br> <br>Nanfang Daily (microblogging) reporter Liu Guannan<br> <br> Share: welcome to comment I want to comment<br> Microblogging Recommended | today's hot microblogging<br>
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