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How can the faultless party compensate the faultless party in divorce

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How can the faultless party compensate the faultless party in divorce


        

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  • 2024-06-25 13:00:58

    1. Divorce damage compensation refers to the legal system in which the marital relationship is broken due to the serious fault of one of the spouses, and the property or spirit of the innocent party is damaged, and the wrong party should compensate for it. Including material compensation and moral compensation. Material damage compensation mainly refers to that one party donates property to a third party who has bigamy or cohabitation with another party during the period of bigamy or cohabitation, resulting in property loss of the non fault party, and the non fault party may require the fault party to compensate for the material loss caused by the gift.
    2. With regard to compensation for mental damage, the Supreme People's Court shall refer to the provisions of the Interpretation on Several Issues Concerning the Determination of Liability for Mental Damage in Civil Torts. The determination of the amount of compensation should be determined by multiple factors, such as the degree of fault of the infringer, the means of infringement, the occasion, the consequences of infringement, the profit of the infringer, the economic capacity of the infringer and the average living standard of the place where the court is located.
    3. Legal basis: Article 46 of the Marriage Law stipulates that "under the following circumstances
    1、 If divorce is caused, the innocent party has the right to claim damages ":
    (1) Bigamy;
    (2) The person with spouse cohabits with another person;
    (3) Domestic violence;
    (4) Maltreating or abandoning family members.

    z***

    2024-06-25 13:00:58

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