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as a special tort relations

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  • Started 10 years ago by svdlkIOf1c7

  1. <br>Southern News reporter Guo Ruichuan wife drove a car accident, her husband was seriously injured in the back seat, her husband asked for a divorce, also sued his wife, claims 220,000. Recently, this rare from damages within marriage case in Shenzhen Longgang District Court of first instance verdict, the court "between husband and wife should have a certain degree of tolerance and understanding," dismissed all of the plaintiff's claims.<br> <br>Plaintiff: the accident was deliberate, as the defendant<br> <br>The plaintiff and the defendant, Ms. Huang Jiang this husband and wife, the plaintiff said,nike tn pas cher, October 8, 2011,piumini woolrich, the defendant driving, sleeping in the back seat of the plaintiff, the defendant fails to drive safe driving practices, the high-speed benefits of salt in Pingshan outlet not far from the front hit the fence, causing the plaintiff splenectomy was identified as eight disabled.<br> <br>The plaintiffs believe that the accident was deliberate, as the defendant, because before the accident, both husband and wife relationship is not good,http://www.gigliocooking.com/ja/faqs/faq-general/68-general-faq4.html,woolrich outlet italia,http://www.sharebbs.org/forum.php?mod=viewthread&tid=278633&fromuid=2816, the marriage has disintegrated towards substantive. When the accident occurred, the plaintiffs were seriously injured,http://reseller.web-matrix.jp, the defendant did not timely warning, but delaying treatment. Thus, March 5, 2013, the plaintiff to Court,louboutin pas cher, asking the defendant to compensate the plaintiff disability compensation 194,000 yuan and 30,woolrich outlet,http://zgmysx.com/forum.php?mod=viewthread&tid=1930151,000 yuan compensation for moral damage.<br> <br>Defendant: fault compensation between husband and wife can cause adverse effects<br> <br>The defendant argued that marital fault damages no legal basis. If the infringement, the accident occurred during the marriage relationship continues to exist, the payment shall be jointly owned property, and the incident had been paid, the plaintiffs can only claim to be advocates segmented division of property upon divorce. In addition, between husband and wife if negligence caused the damage should be compensated, it will cause a lot of adverse social impact. Couples admitted negligence damages should compensate the other party will result in either the couple will no longer make any contribution to the family, the family there would be no meaning.<br> <br>Court: The case NA general principles of tort<br> <br>Court that,http://bronestlyonnais.fr/spip.php?article46, when involved in a traffic accident, is still in the period of the original defendant,http://swagbrigade.com/forum/viewtopic.php?pid=67121#p67121, the existence of the marital relationship, as a special tort relations, general tort principles should apply. The Court noted that the husband and wife to live together for the purpose, should be in harmony and mutual assistance, to each other's behavior should have a certain tolerance and understanding. April 11 this year, first instance verdict, the verdict that the evidence submitted by the plaintiff is insufficient to prove the existence of the defendants involved in incidents of intentional or gross negligence,http://www.iwordbank.com/home.php?mod=space&uid=103737, the defendant should not be liable,http://oneworldoneplace.com/index.php?option=com_community&view=profile&userid=147907, dismissed all the plaintiff's claim.<br> <br>(Original title: husband, wife driving causing injury husband tell his wife claims 220,000)<br> (Edit: SN091)<br>

    Posted 10 years ago #

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