A brief account of the case

   Ms. Li said that he and Mr. Wang were husband and wife, after the two divorced, after the divorce, he learned that Mr. Wang in the marriage during the long-term maintenance of improper relationship between men and women, and to Ms. Zhao many large transfers, Mr. Wang arbitrarily transferred the joint property of the husband and wife to the third party Ms. Zhao, seriously damaged its legitimate property rights and interests, and obviously contrary to public order and good customs, so the gift behavior is invalid, Ms. Zhao should return it.

   Mr. Wang argued that he agreed with Ms. Li's lawsuit request.

   Ms. Zhao argued that she did not agree with all of Ms. Li's claims. Mr. Wang has been claiming that he is single, Ms. Zhao is holding the purpose of marriage and living together, some common expenses like husband and wife during life, and it has also transferred money to Mr. Wang.

The court of Justice

   The court held that during the duration of the marriage between Mr. Wang and Ms. Li, he also maintained a lover relationship with Ms. Zhao and transferred money to Ms. Zhao, which violated Ms. Li's right to control the joint property of husband and wife; Ms Zhao argued that she was not aware of the fact that Mr Wang was married, but did not submit sufficient evidence to support this opinion. Ms. Zhao accepted Mr. Wang's gift of money in a lover's relationship, which also violated the public order and good customs, and the gift of money should be invalid. After a civil juristic act is invalid, cancelled or determined to have no effect, the actor shall return the property acquired as a result of the act; If it cannot be returned or is not necessary, it shall be compensated at a discount. The amount of money transferred by Mr. Wang to Ms. Zhao, after deducting the money transferred by Ms. Zhao to Mr. Wang, the remaining part shall be returned by Ms. Zhao to Ms. Li. The court finally made the decision.

   Neither party appealed the verdict, which has now taken effect.

The judge said the law

   Civil subjects engaged in civil activities may not violate the law or violate public order and good customs. Civil juristic acts contrary to public order and good customs shall be invalid. A civil juristic act that is confirmed to be invalid is not legally binding from the beginning. The property acquired by husband and wife during the duration of their marriage relationship shall be jointly owned by them, and they shall have equal rights to dispose of the property jointly owned. During the duration of the marital relationship, both husband and wife shall have the joint ownership of the joint property without any share. If the husband or wife needs to dispose of the joint property of the husband and wife other than due to normal life, they shall reach a consensus through consultation. Neither party shall have the right to dispose of the joint property of the husband and wife alone. If one of the spouses gives the common property to others without authorization beyond the needs of daily life, which infringes the ownership and control right of the other party to the common property of the husband and wife, and violates social public order and good customs, the act shall be invalid; If the other spouse requests restitution on this basis, the people's court shall support it.

   In this case, Mr. Wang maintained a lover relationship with Ms. Zhao during the marriage period and arbitrarily donated the joint property of the husband and wife to Ms. Zhao. The gift behavior not only infringed on the ownership and control rights of the joint property of the husband and wife, but also violated the public order and good customs. According to Article 153 of the Civil Code, the violation of public order and good customs is invalid, so the gift behavior is invalid. According to Article 1062 of the Civil Code, husband and wife have equal rights to dispose of common property. Joint property of husband and wife as an indivisible whole, as long as the husband and wife do not have a clear agreement on the share of property, all property should belong to both parties at the same time, any party has no right to dispose of joint property of husband and wife alone, so the original wife Ms. Li can ask the third party Ms. Zhao to return all the property donated by Mr. Li.

   This article is transferred from the "Beijing Haidian Court" wechat public number, here to express our thanks.