| Fraudulent parenting refers to the situation in which the defrauded party,in the state of being deceived,raises the non-biological child as his own child and pays a lot of money and affection,resulting in a double blow to property and spirit.Although there are no fraudulent legal concepts of upbringing in our country,only a letter of Reply on whether you can recover upbringing cost to the woman after divorce on whether the bridegroom is deceived in raising a non-biological child during the husband and wife relationship issued by the Supreme People’s Court in 1992.But this type of cases exist in practice a large number.Through the search and analysis of judicial cases,fraudulent support cases mainly focus on the basis of claims,the subject of damage compensation,the recognition of damage compensation and the identification of evidence denying parent-child relationship.The basis of the claim right of fraudulent support damages is "act invalid","unjust enrichment","management without cause","tort liability",etc.Comparatively speaking,"tort liability" is more scientific,and the object of tort is the general personality right.The subject of the liability for fraudulent support includes the obligor and the right holder.The compensation obligation includes the biological mother,the biological father and some dependents who meet the circumstances.In addition to the defrauded groom who actually raises the child,the grandparents,elder brothers and elder sisters of the dependent who actually bear the support obligation according to Articles 1074 and 1075 of the Civil Code may also be included in the scope of the compensation right holder.No matter the child support paid by the defrauded party during the duration of marriage,or the child support paid by the defrauded party after divorce,the defrauded party should have the obligation to return,and is not restricted by the marital community property system.The alimony that should be returned as a result of fraudulent dependency may be calculated by referring to the method of calculating alimony in divorce cases,and shall be calculated based on 30%of the "fixed income" or "total income or average income of the same industry" or "per capita disposable income of residents" of the fraudulent party.When considering the amount of compensation for fraudulent mental support damages,the court should make a comprehensive judgment based on the economic situation of the fraudulent party,the degree of mental suffering of the defrauded person and the level of local economy.In the parent-child relationship denial lawsuit,which is the premise for the settlement of fraudulent parenting disputes,the"necessary evidence" put forward by the husband should form a highly probable evidence chain,which is enough to allow the judge to prove freely.Of course,the wife can also give a reasonable explanation to counter and refute,and finally take the paternity test conclusion as the basis for the identification(denial)of the parent-child relationship. |
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