Legal analysis:
Conclusion: Domestic violence Can compensate for , but should be divorce Is a prerequisite.
Domestic violence can be compensated, but divorce should be the prerequisite. According to the law of our country, if one of the following circumstances leads to divorce, the innocent party has the right to request Damages :
(I) bigamy ;
(2) With others cohabitation ;
(3) Implementation Family Violence ;
(4) Abuse and abandonment member of family ;
(5) There are other major faults.
Legal basis:
The People's Republic of China Civil Code 》Article 1091
If one of the following circumstances leads to divorce, the innocent party has the right to claim damages:
(1) Bigamy;
(2) Cohabitation with others;
(3) Domestic violence;
(4) Abuse or abandon family members;
(5) There are other major faults.
Article 1090
At the time of divorce, if one party has difficulties in life, the other party who can afford it should give appropriate help. The specific measures shall be agreed by both parties; If the agreement fails civil law Court judgment.
Counsel:
《 Administrative Procedure Law 》Article 49
carry prosecution An action shall meet the following conditions:
(1) The plaintiff is a citizen who conforms to the provisions of Article 25 of this Law legal person Or other organizations;
(2) There are definite defendants;
(3) Specific Claim And factual basis;
(4) Belonging to the scope of cases accepted by the people's court and the people's court to be sued have jurisdiction over 。
Article 50
A lawsuit shall be filed with the people's court submit Indictment And submit copies according to the number of defendants.
If it is really difficult to write a statement of complaint, the people's court may file an oral complaint. The people's court shall make a written record of the complaint, issue a dated written voucher, and inform the other party party Can domestic violence be compensated. If you don't find the answer that suits your situation, please feel free to consult Nomogram We are a professional lawyer of www.net.com. We will answer your legal questions online 24 hours a day.
Relevant supplement 1:
Can we claim compensation for domestic violence
Conclusion: Domestic violence can claim compensation, but it must be satisfied that only one party has domestic violence Divorce Etc.
Domestic violence can claim compensation, but it must meet the conditions that only one party has domestic violence and domestic violence leads to divorce of both parties. And the scope of compensation shall include material damages and Compensation for mental damage Two parts. According to relevant regulations, if the party without fault is the plaintiff Domestic violence divorce compensation Must be in the File for divorce A claim for compensation shall be submitted to the people's court at the same time of the lawsuit.
Relevant supplement 2:
Can domestic violence be compensated
Conclusion: Domestic violence can be compensated, but divorce should be the prerequisite.
Domestic violence can be compensated, but divorce should be the prerequisite. According to Chinese laws, if one of the following circumstances leads to divorce, the innocent party has the right to claim damages:
(1) Bigamy;
(2) Cohabitation with others;
(3) Domestic violence;
(4) Abuse or abandon family members;
(5) There are other major faults.
2023-12-31 15:29:00 Reply