Disposal Of Disputes Over Return Of Property Due To Extramarital Affairs

The dispute over the return of property due to extramarital affairs means that the spouse has maintained the cohabitation relationship with the heterosexual person through "coverage",adultery or other forms,during the period to maintain extra-marital affairs to pay property,however,when the relationship between the two parties was terminated,the payer requested the return of property by paying an extra-marital relationship violation or violating public order and good customs.The comparison method is generally treated as an unlawful cause.In response to the phenomenon of payment of the typical illegality of restitution disputes in the case of cohabitation with marriage,the judgment of the court is different from that of the plaintiff.When the payer is the plaintiff,the court generally does not support the return.The judgment has ruled to reject the lawsuit and the judgment dismissed the claim;If the spouse files a lawsuit,or if the payer files a lawsuit with his spouse,the court usually supports the return.Only some courts support the return of half,and some courts support the full return.There are also individual courts that will make judgments on collecting illegally paid property.The difference in processing results involves the court ’ s understanding of Article 157 of the General Principles of Civil Law and Articles 58 and 59 of the "Contract Law" when it settles disputes over cohabitation and cohabitation.At the level of interpretation,cohabitation payments should be combined with the provisions of the contract invalidation system,Based on the principle of "return plus depreciation compensation”and the exception of "collection and return of collectives and third parties",however,there is a problem with this mode of treatment.The dispute over cohabitation for non-marital cohabitation should not be applied to the principle of a contract invalidation system,but should be an exception.Cohabitation benefits paid by an unmarried partner infringe upon the legal property rights of the spouse.In the lawsuit initiated by the spouse as the plaintiff,the people’ s court shall support its request for return,and the share returned shall be one-half of the payment.In accordance with Article 157 of the "General Provisions of the Civil Law",Article 59 of the Contract Law referred to in the "General Provisions of the Civil Law," as stipulated by the law,“Mutual collusion between the parties and harming the interests of the collective and the third party" does not fully tolerate unlawful acts.Through legislation,an illegal payment system was constructed.The system belongs to the legislative general rule of the civil law system.It has superiority in the value judgment on the handling of dismissal.It not only shows strong operability,but also has more social prevention than the contract invalidation system.To establish a legally unreasonable cause payment system,it is necessary to solve the problem of system integration and identification standards.It is necessary to combine the payment of illegal reasons with the contract invalidation system in order to successfully resolve the ever-changing phenomenon of unlawful reasons.