1. How much is the compensation for mental damage caused by cheating?
According to the laws of our country, it is a legal situation for one party to have an extramarital affair, and the court is more likely to order a divorce. The party having an extramarital affair is the wrong party, but the legal definition of an extramarital affair is stricter than what most people understand, and a lawyer needs to make a comprehensive judgment based on your evidence. In addition, the law does not stipulate that the party having an extramarital affair shall not or shall have less share in custody and property distribution. However, depending on the fault situation, the non-fault party will be taken into consideration in the actual judgment. The non-fault party may also require the at-fault party to give certain compensation. compensate.
2. What are the provisions on infidelity in the Civil Code?
Infidelity between husband and wife is often called "extramarital affair". Infidelity between husband and wife can be divided into three types, namely adultery, cohabitation and bigamy.
Adultery: refers to the occasional extramarital sexual relationship with the opposite sex.
The legal consequences of adultery: The fault behaviors listed in Article 46 of the current Civil Code of our country do not include adultery, that is, the no-fault policy has no legal basis strictly speaking for damages claims filed by the adulterous party (but There are provisions on adultery in Taiwan Province’s criminal law). In practice, the court will generally consider the division of marital property and give appropriate consideration to the non-fault party, that is, allow the adulterous party to properly divide the property.
(2) Cohabitation: The judicial interpretation of the Supreme People’s Court defines this as “people who have a spouse and are of the opposite sex outside of marriage, and who do not live together continuously and stably in the name of husband and wife.”
Cohabitation Legal consequences: This is a wrongful act clearly stipulated in the Civil Code. If the perpetrator is the at-fault party, the other party can claim damages. Theoretically, in addition to receiving a small or no share of property, there is also the possibility of using his personal property to compensate.
(3) Bigamy: People with a spouse live together with others in the name of husband and wife, and people around them also think that they are husband and wife, which constitutes bigamy; in addition, knowing that another person has a spouse is also the above behavior, which also constitutes the crime of bigamy.
The legal consequences of the crime of bigamy: If it constitutes the crime of bigamy, the party who was not at fault during the marriage can still claim damages in the event of divorce, but needs to bear criminal liability according to the provisions of the criminal law.
I hope the above content is helpful to you. If you have any other questions, please consult a professional attorney.
Legal basis: Article 1091 of the Civil Code of the People's Republic of China. If divorce occurs due to any of the following circumstances, the innocent party has the right to claim damages: (1) Bigamy; (2) Living with others; (3) Domestic violence; (4) Abuse or abandonment of family members; (5) Having other major faults.