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How should domestic violence divide property

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How should domestic violence divide property


        

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  • 2024-06-27 03:01:42

    Our country's law stipulates that if divorce is caused by domestic violence, the innocent party can claim compensation. The compensation here needs to be made to the person who commits domestic violence with his personal property after the divorce and division of property between the two parties. For example, after the division of property, the man who commits domestic violence gets 200000 yuan of property, so his compensation to the woman should be deducted from the 200000 li. According to the provisions of China's Marriage Law and its judicial interpretation, when divorcing property, the property shall be divided according to the principle of caring for the innocent party. According to the Marriage Law, fault refers to bigamy, cohabitation with others, domestic violence, maltreatment and abandonment of family members. The so-called divorce fault compensation system refers to the legal system in which the fault party should pay civil compensation to the non fault party when the husband and wife divorce due to the behavior of the fault party in the divorce proceedings.
    2、 How to compensate for domestic violence Divorce compensation standard for domestic violence The object of divorce compensation for domestic violence is personal damage, and the scope of compensation is material damage compensation and spiritual damage compensation. In the case of domestic violence. The material damage here mainly includes medical expenses, lost wages, living allowances for the disabled, etc. due to physical and mental injuries. Mental pain is a very subjective feeling, which is unknown to others, so it is impossible to accurately calculate mental damage. In practice, the following factors generally affect the amount of compensation:
    1. The extent of the infringer's fault, except as otherwise provided by law;
    2. Specific circumstances such as means, occasions and behavior of infringement;
    3. Consequences of infringement;
    4. The profit of the infringer;
    5. The economic capacity of the infringer to bear liability;
    6. Average living standard of the place where the court is located. Where laws and administrative regulations clearly stipulate disability compensation and death compensation, the provisions of laws and administrative regulations shall apply.

    c***

    2024-06-27 03:01:42

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