Time: June 6, 2005 10:27 Source: Hebei Hou Law Firm.
Zhou and Tang are deeply immersed in the "happiness" of extramarital affairs, but they can't abandon their existing families. So the two sides drafted an agreement through consultation, which stipulated that "both sides should take care of each other, but they should not affect each other's family and life for any reason;" Both parties are economically independent and shall not claim rights from each other because of extramarital affairs. "However, no one can predict the development of things-marriage and family are the foundation of society. For thousands of years, people have been clinging to the traditional family concept, but with the development of society, this concept is also changing quietly. For various purposes, some people begin to look for new emotional sustenance outside the family, and the final outcome is naturally varied. Some people even brought this dispute to court.
The negotiator became lovers.
Zhou, 40, is the owner of a small enterprise in a city. His family is well-off, his family is harmonious and his life is quite comfortable. With the steady development of his career, Zhou was finally relieved and determined to enjoy life.
In 2002, by chance, in a business negotiation, he met Tang, a female employee of a foreign company who was ten years younger than himself. After a business negotiation, Tang, who looks beautiful and full of youthful vitality, deeply infected him. After several contacts, Zhou found himself inseparable from Tang. With this feeling, Zhou unconsciously paid attention to and cared about Tang, and calling Tang every day became a part of his life. Young and beautiful Tang has his own family and children at this time. But from the first day he met Zhou, Tang was also deeply attracted by Zhou's charm. In Tang's mind, Zhou is the kind of successful and confident man she has always admired. At first, she deliberately kept a certain distance from Zhou, and gradually she accepted this special feeling. Finally, after a dinner party, the two formally confirmed their relationship.
Voluntary signing of "exemption agreement"
In reality, Zhou and Tang still have deep feelings for their families. After each passion, the two people will feel guilty about their family because of their unfaithfulness, but when they see each other, this feeling will soon disappear, and they are deeply immersed in "happiness". Although both of them feel that they really like each other, they know that no one can abandon their existing family. So the two sides drafted an agreement, which stipulated that "the two sides should take care of each other, but they should not affect each other's family and life for any reason;" Both parties are economically independent and shall not claim rights from each other because of extramarital affairs. After signing the "exemption agreement", the two had a carefree time together, and they still often recall it.
The woman's request for abortion was rejected.
Just half a year after the two sides got along, Tang suddenly found himself pregnant. According to various factors, she concluded that the child in her belly was Zhou. Don made a phone call in fear and trembling to tell Zhou about it. Who knows that after listening to Zhou, he first urged Tang to go to the hospital to abort the child on the phone, and then complained to Tang. Tang's heart suddenly cooled down. In order to deal with the pregnancy, Tang was forced to find a reason to quit his job and spent hundreds of dollars on abortion. During this period, Zhou didn't give Tang any comfort and care except occasionally making a phone call. All this has greatly changed Zhou's image in Tang's heart. After recovering, Tang found Zhou, hoping that he could bear some mental and economic responsibilities. Zhou, who had already prepared, took out the "Exemption Agreement" signed by the two men before and solemnly warned Tang not to violate the agreement, otherwise it would be bad for both families.
Sign a supplementary agreement and go back on our word.
Zhou's attitude completely shattered the last fantasy in Tang's heart, but she still insisted on asking the other party for 1000 yuan for unemployment benefits, surgery expenses and nutrition expenses. After many negotiations with Tang, Zhou finally sent Tang 5000 yuan in cash. In order to completely solve this matter, Zhou signed an agreement with Tang, stipulating that "for the sake of mutual friendship, Zhou paid Tang 10000 yuan in cash, and Tang will not entangle this matter in the future." The two sides also agreed that in addition to the 5,000 yuan paid by Zhou, the remaining 5,000 yuan will be paid by Zhou.
Zhou's former lover openly violated the voluntary exemption agreement, and Zhou's heart has been uncomfortable. He believes that Tang's pregnancy has nothing to do with himself, and he is even more unwilling to be a "big head", so he did not pay the remaining 5,000 yuan compensation on time after signing the supplementary agreement. Tang took Zhou to court with the second agreement and asked the court to order Zhou to pay the remaining 5,000 yuan in compensation.
Order the week to fulfill its obligations
After trial, the court of first instance held that the supplementary agreement signed by the two people did not conform to the current social ethics and was not protected by law, so it decided to reject Tang's claim. Tang refused to accept it and appealed to the Municipal Intermediate People's Court. The Intermediate People's Court found through trial that although the extramarital affairs between the two parties violated the social moral standards, the agreement to deal with the problem afterwards did not infringe on the public interests. The second agreement was legal and valid, and Zhou should perform it according to the agreement. For Tang's loss, Zhou should bear part of it, and the first "Exemption Agreement" between the two parties was invalid, and the court did not support it. Therefore, the final judgment: Zhou should pay 5000 yuan to Tang within 5 days from the effective date of the judgment.
Lawyer's comments:
Not all voluntary agreements are valid.
Contract is one of the ways to set the rights and obligations between civil subjects, but not all the contents of the contract voluntarily reached by both parties are protected by law. According to the contract law, when concluding and performing a contract, the parties shall abide by the provisions of laws and administrative regulations, respect social morality, and shall not harm public interests. The contents of the contract that violate the above provisions are invalid.
The content of the contract is naturally not binding on both parties. In this case, the first "Exemption Agreement" signed by Zhou and Tang was to achieve the purpose of continuing their extramarital affairs. This agreement clearly violates the prohibitive provisions of the Marriage Law and the Contract Law, and it is correct for the court to determine that it is invalid according to law. Zhou naturally cannot invoke this invalid agreement for the so-called purpose.
"exemption"
Civil tort can be remedied by agreement.
After the occurrence of civil tort, the law allows the parties to take appropriate remedies, and the parties can agree on the ways and means of relief by signing an agreement. In this case, the second agreement signed by Zhou and Tang belongs to the handling of the consequences of previous illegal acts. According to the law, this kind of civil treatment itself is not illegal. Because the agreement was signed by both parties voluntarily, it is valid and Zhou must be bound by it. It is precisely because of this that the court finally ordered it to fulfill its payment obligations as agreed in the agreement. In addition, from the perspective of civil law theory, Tang's pregnancy was caused by the illegal acts of Zhou and Tang, and subjectively Tang should share the corresponding losses. Therefore, from this perspective, even if the two sides fail to reach a second supplementary agreement, they request the court to order Zhou to make necessary compensation.
The revised marriage law of our country clearly stipulates that both husband and wife have the obligation of mutual loyalty; The purpose of prohibiting spouses from living together with others is to maintain normal marriage and family order. At the same time, the Marriage Law also stipulates that if one party has cohabitation outside marriage, which leads to divorce, it can request the court to order the other party to pay damages at the time of divorce without fault. If cohabiting couples live together in the name of husband and wife or get married illegally during cohabitation, which constitutes bigamy, they can be investigated for criminal responsibility according to law.