Zhiheng News | The second phase of Zhiheng Chongqing Case Sharing Conference was successfully held

Click on the blue word

Follow us

foreword

PREFACE

On May 8, 2025, Guangdong Zhiheng (Chongqing) Law Firm (hereinafter referred to as "Zhiheng Chongqing") successfully held the second case sharing session of 2025. This sharing session is specially invited to our firmHu Pan, a lawyer in the field of marriage and family affairsAs the keynote speaker, he conducted an in-depth analysis on the theme of "Analysis of relevant legal issues in extramarital affairs gift cases".

PRAT.01

case backtracking link

case directly

Plaintiff Yao and defendant Guo

Plaintiff YaoThe relationship with Xu is a husband and wife. The two parties registered their marriage in 1993. After divorcing in 2006, they remarried in 2010. Xu died in 2015. The subject of the dispute is "AVIC Plaza City International Community X District xx#Building x Leap x Floor xx Unit "Real Estate and" Garage No. x, XX Negative X Floor, XX District, AVIC Plaza City International Community "The two properties are now registered indefendantGuoUnder the name.

Plaintiff's appeal

1. Confirm that Xu's act of unilaterally donating the real estate and garage involved in the case to Guo is invalid;

2. Order Guo to return the real estate and garage and cooperate with the registration of the change of ownership to Yao's name;

3. Guo shall bear the litigation costs.

The court found that

1. Property rights registration: On December 1, 2012, Guo signed a "Commercial Housing Sales Contract" with developer Xiamen XXXX Real Estate Co., Ltd., directly obtaining the first-hand property rights registration of the real estate and garage involved in the case.

2. Payment for house purchases: On August 8, 2012, Guo paid two house purchases (totaling xx million yuan) to the developer through his personal bank account, and the transaction certificate clearly showed that the payment subject was Guo.

3. Lawsuit claim: Yao claimed that Xu completed the real estate gift in the form of "gift funds", but refused to change the lawsuit request to "confirm that the gift of funds is invalid", insisting that the real estate gift is invalid.

Court judgment point of view

Burden of proof: According to Article 64 of the Civil Procedure Law, Yao needs to prove that the real estate involved in the case was donated by Xu to Guo, but he failed to provide key evidence such as the gift contract and the source of funds, and Guo also denied the fact of the gift.

The validity of real right registration: According to Article 2 of the Judicial Interpretation of the Property Law (1), the contract buyer, payment subject and registration right holder of the real estate involved in the case are all Guo, and there is no evidence to prove that the records in the real estate register do not match the real right status.

Core determination: Yao's claim that "Xu indirectly donated real estate through gift funds" lacks factual and legal basis and cannot overturn the validity of the existing real right registration.

verdict

The first-instance and second-instance courts rejected all Yao's claims, finding that his claims had no factual and legal basis, and maintained the status quo of ownership of the real estate and garage involved in the case.

PRAT.02

Free exchange session

In the subsequent review session, the participating lawyers addressed common issues in marriage and family cases"Audio-visual evidence legality determination" "WeChat transfer voucher fixed standard"Conduct professional discussions on procedural issues. ParticipantsNormative operation of electronic evidence collectionReached a number of practical consensus. especially inMarital property recoveryIt has opened up new ideas for handling similar cases.

summarize

SUMMARIZE

This sharing session effectively realized the seamless connection between theoretical discussion and practical application. Zhiheng Chongqing will continue to improve the long-term mechanism of case sharing, comprehensively improve the service efficiency of lawyers in the fields of marriage and family affairs, wealth inheritance, etc., and provide more accurate legal solutions for the protection of clients' rights and interests. Continuously improve the level of specialization and refinement of legal services to effectively protect the maximum realization of clients' legitimate rights and interests.

The following analysis is made of the above cases

9+

Lawyer Hu Pan

Original partner - plaintiff

Third party - defendant

The party at fault - the plaintiff?

Can the donor claim as a plaintiff?

Xiao San returns the donated property?

The purpose of donating marital property to a third party during the existence of the husband-wife relationship is to maintain the extramarital relationship between the two parties, which seriously violates the socialist core values, public order and good customs, and family ethics. The act of donating constitutesPayment for illegal reasons, once paid, it is deemed to be completed. Claims arising from illegal reasons are illegal civil interests and are not protected by law, soThe man has no right to request a third party to return the corresponding property。

The court not only gave a negative evaluation to the man's gift within marriage, but also gave a negative evaluation to the man's right to request the third party to return the corresponding property. As for whether the man's gift of property to the third party after marriage constitutes unauthorized disposal of the husband and wife's common property, the man's spouse should claim separately according to law。

9:10

Confirm that the gift is invalid,

Request the return of property,

Can I request a refund of interest?

It is controversial whether the gift of money involved in extramarital affairs needs to be refunded with interest, and the court will analyze it in light of the original partner's claim and the degree of fault of the third party.

Article 985 of the Civil Code states: "If there is no legal basis for the beneficiary to obtain improper benefits,The person who suffers the loss can request the beneficiary to return the benefits obtained and compensate the loss according to law "[Unjust enrichment]

Article 157 of the Civil Code states: "After a civil juristic act is invalid, revoked, or determined to be ineffective, the property acquired by the actor as a result of the act shall be returned; if it cannot be returned or is unnecessary to return, it shall be compensated at a discount.The party at fault shall compensate the other party for the losses suffered thereby.If all parties are at fault, they should each bear corresponding responsibilities. "[Legal Consequences of Invalid, Revoked, and Invalid Civil Juristic Acts]

If it involves real estate or vehicles,

Do you want to return the original or the corresponding amount?

It should be discussed on a case-by-case basis:

If the derailed party donates money to a third party to buy a house or a car and registers it in the name of the third party, after the gift is confirmed by the court to be invalid,Based on the effectiveness of the first registration of real rights, the third party shall return the corresponding price for the purchase of houses and automobilesIn addition, the court should evaluate the present value of the house. If the house increases in value, the third party should also return the value-added benefits of the house to the original without fault as the original personal property. If the house or car depreciates, the losses caused by the depreciation shall be borne by the third party who is at fault.

If the derailed party will register the house or vehicle in their own name,Change registration to a third partyDue to the right to dispose of the gift of common property between husband and wife, the third party does not constitute a bona fide acquisition. The third party shall return the original goods such as houses and vehicles and assist in the registration of changes.

An Analysis of Relevant Legal Issues in Gift Cases Involving Extramarital Affair

Swipe up and down to see more

Lawyer Hu Pan