Can Ningbo claim compensation for abortion during love?

During the love of accidental pregnancy and termination of pregnancy (commonly known as "abortion"), the woman can claim compensation from the man? The direct answer is: in most cases, compensation cannot be obtained on the grounds of infringement-adult men and women voluntarily have sex, and the law does not prohibit it. The man's behavior is neither illegal nor generally fault. However, there are two types of exceptions: first, the man has obvious faults such as concealing his marriage and cheating feelings, and the woman can claim damages; Second, the woman suffered serious physical damage (such as disability) due to pregnancy or termination of pregnancy, the court may, on the basis of the principle of fairness, order the man to share the actual loss such as medical expenses and give appropriate compensation, but the amount is usually not high. The key to success lies in whether the man is at fault, the degree of damage to the woman and the completeness of the evidence, rather than the "pregnancy" itself.

1. tort compensation must first pass four thresholds

to ask the man for compensation, the first thing to see if it meets the constituent elements of tort liability. The first paragraph of Article 165 of the Civil Code establishes the principle of fault liability: if the perpetrator causes damage to the civil rights and interests of others by fault, he shall bear tort liability. Accordingly, for a request to be supported, there must be four elements at the same time: first, the illegality of the act, second, the subjective fault of the perpetrator, third, the fact of damage, and fourth, there is a causal relationship between the illegal act and the fact of damage. Four are indispensable.

The judgment logic of such disputes can be understood by comparing these four elements: the court first examines whether the man's sexual behavior itself is illegal and whether there is fault; Then examine whether the woman has any damage (medical expenses, lost work, physical injury, mental pain, etc.); Finally, judge whether there is a legal causal relationship between the damage and the behavior. The "breakpoint" of most cases appears in the first two-voluntary sexual behavior is neither illegal nor fault, and the claim for compensation loses its foundation.

2. voluntary sexual acts generally do not constitute infringement

both parties in love are persons with full capacity for civil conduct and have sex voluntarily. Although it is not suitable to promote it from a social perspective, our law does not prohibit voluntary sex between adults. The man's behavior lacks "illegality" and it is difficult to say that there is a legal "fault", so it usually does not constitute infringement, and the woman's request for full compensation lacks basis.

It is necessary to pay attention to the boundary situation: first, if the sexual behavior violates the will of the woman, it may constitute a crime (rape, etc.), which belongs to another level of legal evaluation. The woman can not only report the case to investigate the criminal responsibility, but also claim compensation for personal injury; second, if the woman is a minor, the nature of the man's behavior will be completely different, and may involve more severe criminal responsibility; third, if the man uses deception (e. g., concealing his married identity, fabricating a marriage plan) to induce the woman to have a relationship and cause a miscarriage of the pregnancy, the court tends to find that the man is at fault and may support the moral damage solatium. For example, in a case of concealment of a married woman's pregnancy and miscarriage, the court found that the man had violated his good faith and violated the woman's personal dignity, and ordered him to compensate the woman for mental damage and share part of the medical expenses (example, fiction).

Fair sharing and compensation for serious damage under the no-fault situation of 3.

The law is not completely "from ruin" when there is no fault on either side ". Article 6 of the Civil Code stipulates the principle of fairness; Article 1,186 also stipulates that if neither the victim nor the perpetrator is at fault for the occurrence of the damage, the loss shall be shared by both parties in accordance with the provisions of the law. In judicial practice, some courts decide that the man should share part of the expenses when the woman has actual medical expenses due to termination of pregnancy and both parties are at fault. However, the application threshold of this rule is relatively high and must be "in accordance with the provisions of the law". Most cases are still difficult to obtain support, and the court does not of course cover the consequences of "unwanted pregnancy.

If termination of pregnancy causes serious physical damage to the woman (e. g. tubal resection due to ectopic pregnancy, reproductive function damage due to postoperative infection, etc.), the situation is different: the woman can claim actual losses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, reduced income from lost work, etc. (article 1,179 of the civil code), and if serious mental damage is caused, she can also claim compensation for mental damage (article 1,183). The compensation or compensation supported by the court in such cases, although the amount is not high, there is a precedent for judgment and is premised on serious consequences such as disability.

Borders Supported by the 4. Court: Don't Step on These Mistakes

1. myth 1: "If you are pregnant, the man must pay. " positive solution: voluntary sexual behavior is not illegal and no fault, simple accidental pregnancy, the court generally does not award compensation or compensation.
2. Myth 2: "The man's written compensation commitment is useless. " positive solution: the man voluntarily issued, the content is not illegal compensation commitment (such as the commitment to share the cost of surgery, nutrition), is a valid civil legal act, the woman can sue for performance on the basis of the letter of commitment.
3. Myth 3: "All expenses can be reported after a miscarriage. " positive solution: Even if the court decides to share, it will be limited to reasonable actual expenses such as medical expenses and lost work expenses, and the proportion will be determined according to the principle of fault or fairness, and the "nutrition expenses and mental losses" will not be charged in full.
4. Myth 4: "Abortion is a matter for the woman alone, and giving birth to a child is even more disadvantaged. " positive solution: If you choose to give birth to a child, children born out of wedlock have the same rights as children born in wedlock (Article 1071 of the Civil Code). The man must bear the maintenance fee, and the party who does not directly raise the child also bears the obligation. The woman is not "empty of money".

The Evidence and Procedure of 5. Claim

if you decide to claim compensation or compensation, you should focus on preparing the following materials: all medical records of pregnancy examination and termination of pregnancy (medical records, operation consent form, discharge records), expense bills (registration, examination, operation, medicine expenses, reexamination), delay certificates (leave and salary deduction certificates issued by the unit, salary flow), chat records and recordings of communication between the two parties on pregnancy, abortion and compensation matters, and materials that can prove the man's fault (e. g. married status, marriage history commitment, etc.).

Procedurally, such disputes are generally handled as personal injury compensation or cohabitation disputes, and can be sued in the people's court of the defendant's domicile or habitual residence; the statute of limitations for claiming personal injury compensation is three years, starting from the date when the right and the obligor are known. If the parties have already talked about marriage and are involved in the bride price, they may also claim it together with reference to the rules for the settlement of marital property disputes.

If a 6. chooses to have a child: parenting, paternity confirmation and visitation

termination of pregnancy is not the only option, and it would be clearer to put the "compensation dispute" in the larger decision of "whether or not to have children. If the woman decides to give birth to a child, the child born out of wedlock has the same rights as the child born in wedlock (Article 1071 of the Civil Code). As the biological father, the man has the legal obligation to raise the child: if he does not raise the child directly, he must bear part or all of the alimony, which is determined by reference to 20%-30% of his total monthly income and is generally paid until the child is 18 years old. The direct support. The man also enjoys the right of visitation (Article 1086). Obstructing visitation is not only detrimental to the growth of the child, but may also become a reason to change the parenting relationship in the future.

If the man denies the parent-child relationship and refuses to assume the obligation, the woman may file a complaint for confirmation of the parent-child relationship in the name of the child. According to Article 1073 of the Civil Code, if there is any objection to the parent-child relationship and there are justifiable reasons, the father or mother may sue to confirm the parent-child relationship; in practice, if one party sues to confirm and provide necessary evidence, and the other party refuses to cooperate with the paternity test without evidence to the contrary, the court may determine that the parent-child relationship is established. Reminder: After the child is born, the birth medical certificate and household registration can be handled as soon as possible to confirm the truthful declaration of the biological father. This is the basis of the system for claiming alimony and inheritance rights in the future.

7. negotiated compensation and commitment letter: "oral responsibility" into a written arrangement.

A large number of such disputes are resolved through consultation, which is more efficient and less secondary harm than litigation. If the man is willing to compensate, it is suggested to put the promise of "I will pay for the operation and nutrition" on paper: specify the reason for the compensation (due to pregnancy and termination of pregnancy during love), amount, time and method of payment, indicate the nature of the payment (medical expenses, nutrition expenses, compensation for lost work, etc.), and the man shall sign and stamp and date it; If the amount is large or involves payment in installments, it may be notarized or witnessed by a third party. There is a written commitment in hand, the other party can directly sue for payment according to the contract when it does not perform, do not have to entangle the "should not compensate" premise of the dispute.

On the other hand, the man should also be reminded that the compensation that has been paid according to the promise cannot generally be returned on the grounds that "the gift can be arbitrarily revoked"-based on the commitment agreement, the consideration payment corresponding to the loss, does not belong to the gift that can be arbitrarily revoked. After the two parties have reached an agreement on the amount of compensation, they can sign a mediation agreement through the township (street) people's mediation committee and other mediation organizations, and jointly apply to the court for judicial confirmation to give it enforcement power; if one party repents, the other party can directly apply for enforcement, which is much more stable than "white slips" in private. During the negotiation, attention should be paid to keeping the transfer records and noting the "compensation" to avoid a new round of disputes caused by being claimed as a loan or gift in the future.

8. FAQ

the man conceals that he is married and deceives me into pregnancy and miscarriage. Can he be sued for compensation?

Can try. Concealing married status induces love and causes the woman to miscarry pregnancy. The court tends to find that the man is at fault and may support the sharing of mental damage and part of the medical expenses. Similar judgments have been made everywhere. The key is to fix the evidence of deceptive words and deeds such as the man's marriage and commitment to marriage.

The man is only willing to pay half of the operation fee, can he take the rest?

If neither party is at fault, the court does not have to make the man bear half of the express basis, whether the share, how much to share depends on the judge's application of the principle of fairness and the degree of damage to the woman. If there is a written promise of compensation, it is more certain to advocate according to the content of the promise.

Without a marriage certificate, does the man have to pay alimony when he has a child?

To. Children born out of wedlock have the same rights as children born in wedlock, and the man, as the biological father, has the legal obligation to maintain them, and the woman may claim maintenance from them in the name of the child, at the discretion of 20 to 30 per cent of her total monthly income.

Can you still sue after years of miscarriage?

The statute of limitations for claims for personal injury is three years, starting from the date when the right and the obligor are known or should be known, and if the statute of limitations is exceeded and there is no reason for suspension or interruption, the right to win the case may be lost, and it is advisable to claim and retain evidence as soon as possible.

Can the man call the police if he doesn't give money or accept it?

Economic disputes caused by cohabitation in love are civil disputes in principle. The public security organs generally do not file a case. The police can only be used for mediation or fixed evidence. If the man has defrauded large amount of property and coercion in the name of love, a criminal report may be involved. The pragmatic path is still negotiation, mediation or civil litigation.

Practical Experience of 9. Lawyers

whether you can claim compensation for termination of pregnancy during love depends on whether you can get one of "fault" or "serious damage. When adult men and women have sex voluntarily, the law generally does not make a negative evaluation, and the man does not of course constitute infringement; but if he conceals his marriage, deceives his feelings, or you suffer serious consequences in the process, the claim has a foothold. So don't focus on the emotion of "should he be responsible or not", first calmly judge which situation you belong to, and then decide the direction of your claim.

Evidence is a watershed in the success or failure of such claims. Chat records, audio recordings and transfers that can prove that the other party conceals marriage history and makes false promises; Medical records and bills that can prove your medical treatment, expenses incurred and physical damage should be kept as soon as possible, especially medical records. The more complete the medical records, the better the degree of damage can be explained. If the other party verbally promises "I will be responsible", don't stop at this promise, write the amount of compensation and the method of payment into writing and sign by both parties as soon as possible, and turn the oral responsibility into an enforceable arrangement.

It also leaves a way for the future. If you choose to give birth to the child, then the confirmation of the parent-child relationship, the assumption of alimony, and the arrangement of visits are another set of propositions. At this time, the paternity test, birth certificate and the other party's identity information are indispensable. No matter which path is chosen, negotiation should be the priority-to find out the other party's concerns (afraid of making a big deal, afraid of family knowledge, want to settle as soon as possible), and to design a plan acceptable to both parties based on this, which is often faster and more worry-free than direct prosecution; If the negotiation fails, the legal procedure will be followed, and the scope of the claim will be set more realistic.

The legal conclusion of compensation for abortion during love can be summarized as follows: voluntary sexual behavior is not infringing, and it is difficult to get compensation for simple pregnancy; Only when the man is at fault or the woman is seriously injured can there be room for compensation or compensation, and the actual loss and evidence are limited. For the woman, the most pragmatic approach is to protect herself in advance, and if the man does promise or fault afterwards, fix the evidence and claim it in time, instead of pinning his hopes on the simple intuition of "abortion is compensation.