Suo Mao Mao fell to his ex-wife to be sued by experts: it is difficult to withdraw property.

category:Global
 Suo Mao Mao fell to his ex-wife to be sued by experts: it is difficult to withdraw property.


In September 7, 2017, WePhone founder Su Xiangmao jumped from the rooftop platform, before he died, on the download page of the mobile phone application, he wrote down poison wife Zhai Xinxin by the program language. After the incident, the media reported Zhai Xin Xin suspected of cheating marriage. In the short marriage between Su Meng Mao and Zhai Xinxin, Su Sheng Mao once invested money in buying a set of Hainan real estate and a Tesla car for Zhai Xinxin. At present, the Chaoyang Court accepted all the materials for applying for the case. Zhai Xinxins divorce agreement Event playback: Entrepreneurial programmers say they are being killed by poisonous wives and millions of properties are donated to their ex-wife. In September 7, 2017, WePhone founder Su Xiangmao jumped down from the rooftop terrace, a IT elite known as a genius programmer, on the downloading page of his mobile phone application, telling the cause of his death in program language - killed by poison wife Zhai Xinxin a few hours before his death. All the information received in the cell phone is information that is threatened by the ex-wife. On the second day, Zhai Xinxin made an appointment to meet Su Sheng Mao, and said that he had a good impression. He only talked about a love affair when he graduated from university. The third day, Zhai Xinxin released a few birds flying over the villa video. Su Henry naively thought this was the life Zhai Xinxin wanted, so he showed Zhai Xinxin his account information and made it clear that he could afford to buy a villa. Zhai Xinxin immediately decided to have a baby for him. Zhai Xinxin then plans to complete the marriage registration with Su Sheng Mao in the year. Su Henrys idea at this time in his book is clear: because I think everyone is running for marriage and feels she is very good, so she is particularly generous to her later. A few days later, Su Xing Mao bought a Tesla ModelX for Zhai Xin Xin, with a value of 1 million 80 thousand. The Tesla had no news with Zhai Xinxin, and the neighbours in the East Fifth Ring villa, who had lived in Zhai Xinxin for a long time, were very impressed with the car, white SUV, especially big. After that period, Su Sheng Mao frequently consumed Zhai Xinxin, mainly clothes, shoes and bags. It was not until May that two people went to Hainan and bought a house. According to media reports, the house in which Su Henry and Zhai Xinxin, in common, is located on the beach, a two - storey room. With a front row villa, it is not the best choice from the view of the sea view room. And through data inquiries will find that the real estate development company, the real estate company, will soon open a new house, which is much better than Su Henry and Zhai Xinxins house. And in the process of buying houses, from apartment to payment, Zhai Xinxin has taken the initiative. Su Sheng Maos brother Su long long once said that his brother was very specialized in some aspects, such as writing procedures, but he was rather naive about interpersonal relationships and things. When he bought the house with all the money, he could not believe that Zhai Xin Xin had consulted him about matters related to splitting the property after divorce. A person who did not want to be named told the Legal Evening News. Su Xiangmao wrote in his suicide note, I feel very hopeless. My capital chain is broken and it is really desperate. Su Sheng Maos relatives later announced that Su Xing Mao and Zhai Xin Xin introduced their acquaintance through the online marriage platform, and from acquaintance to marriage, the whole process lasted less than a year. Meanwhile, Su Xing Mao spent nearly 13 million yuan on his ex-wife Zhai Xinxin. The Legal Evening News reporter had seen Zhai Xinxins father at a university in Shandong. His father told reporters that he only knew the marriage of Zhai Xinxin, and the cheat marriage said nothing about it. Zhai Xinxins mother once denies cheating marriage by voice in the media. Attorney: Su Sheng Mao asked three cases not to negotiate with Zhai Xinxins family. According to Zhang Qihuai, an agent of Su Hei Mao, he said in a media interview that the reason for the eight months of prosecution is that the family of Su Hei Mao has concealed the death of Su Henry from his parents, and they need to wait for their parents to know the case and make clear the intention of prosecution to recognize the identity of the plaintiff. In addition, they are confirming the defendants residence and way of contact. Zhang Qihuai said that before the submission of the prosecution materials, Su Sheng Maos family members and attorneys had not negotiated with Zhai Xinxin on the issue of prosecution. The case is mainly involved in the property dispute after the divorce, which is usually alive. Now the person is dead and is brought by the heirs of the parents, Zhang said. Such cases are rare. Three of the submitted materials were launched by property disputes around the divorce, the invalidity of the donation contract, and the return of property. It is understood that the three cases are required to return tens of millions of property to Zhai Xinxin, including a property value of 6 million 600 thousand yuan in Hainan, more than 200 million of property donated by Zhai Xinxin and 1 million 70 thousand of the Tesla car paid by susurmao before marriage. Zhang Qihuai believes that this case is a typical case of widespread public concern. Su Sheng Maos marriage has been mixed with civil and criminal multiple disputes. Su Xin Maos case may become a typical example of Chinas marriage law disputes. In addition, through this case, we can see some places where the law needs to be perfected. Su Sheng Mao condemned his wifes content / pictures from the front page of the program before falling down. Expert analysis: On the case of suicidal suicides by the programmer Su Xiangmao, a senior partner in the law firm in Beijing, a member of the special committee of the military legal affairs of the Beijing Counsel Association, and a lawyer specializing in the marriage and family business, Ma Danyang believed that the fraud marriage was very complicated, and looked at the case mentioned in the open report. Su Hei Maos successor argued that it would be more difficult to achieve revocation. Ma Danyang, a lawyer for the Legal Evening News, said that the experience of Su Henry has made many people sympathize, but it does not mean that the Internet users and even some media can determine the marriage as a cheat marriage. Question 1: is Sus marriage Zhai Xinxin a marriage fraud? Analysis: there is no provision for fraudulent marriage in Chinas marriage law. This is not a negligence in legislation but a choice after weighing. Fraudulent marriage is very complex, hiding real identity or name, concealing the actual age, concealing the property situation, hiding the physical condition, concealing the sexual orientation, concealing the married facts and so on are all fraudulent. Some of these fraudulent marriages are effective. Some marriages are ineffective and can not be cut across the board. According to the eleventh article of the marriage law of the Peoples Republic of China and the tenth article of the Supreme Peoples Court on the application of the Peoples Republic of China marriage law (one), the coerced marriage can be revoked. The so-called coercion marriage refers to the situation that the actor is threatening the other party or its close relatives in the life, health, reputation, property and other aspects of the threat, forcing the other party to marry against the real intention. Obviously, Su Xiangmao, an independent actor, was voluntarily married and became a lawful couple after being registered by the civil affairs department. Question 2: how difficult is it for Su Xing Mao to cancel the divorce agreement? Parsing: the first paragraph of the eighth article of the marriage law interpretation (two) clearly stipulates that the provisions on the division of property in the divorce agreement or the agreement of the parties on the division of property due to divorce shall be legally binding on both men and women. The ninth article of interpretation (two) stipulates that the peoples court shall accept the agreement by the peoples court to change or revoke the property division agreement within one year after the agreement is divorced by both men and women. After the trial of the peoples court has not found any circumstances such as fraud or coercion when the property division agreement is concluded, the litigants claim shall be dismissed according to law. In this regard, Ma Danyangs lawyer analysis, on the present public report, the process of dealing with the divorce between Su Henry and Zhai Xinxin is a divorce agreement and a divorce certificate issued on the spot after the testimony and confirmation of the staff of the Civil Affairs Bureau. As a person of complete civil capacity, Su Henry has the freedom to express his true meaning, and should be fully cognizant of the results of his own behavior. Ma Danyang lawyers personally believe that the withdrawal of divorce agreement is very difficult, almost impossible. However, according to the divorce agreement, the remaining 3 million 400 thousand should be paid within 4 months, and 100 thousand yuan should be paid for each other if it is overdue. Now that the Soviet Union has died, and the agreement agreed to pay Zhai Xinxin 100 thousand yuan per day overdue, obviously unfair, based on the principle of fairness is likely to make a decision that can not continue to perform. According to the existing public reports about the contract disputes, family members of Su Henry said that because of Zhais request, Su Henry gave Zhai a gift of precious items such as jewellery, clothes bags and digital products to Zhai, plus about 2000000 yuan of funds and property. Ma Danyang lawyers believe that the family asked the court to withdraw Su Xiang Maos donation to Zhai Xinxin, and it was also difficult to return. The reason is that when the gift was given, Su Henry was a person with complete civil capacity, and the gift of the above chattel had been delivered to Zhai Xinxin, and the act of gift had been established and entered into effect. (1) in accordance with the provisions of the 192nd article of the contract law, the donator may revoke the gift in the following case: the donee seriously infringes on the near relatives of the donor or the donor. He is dead and does not have the possibility of revoking the gift. (2) according to the 193rd provision of the contract law, the heir of the donator also enjoys the right of rescission. But the law stipulates that the donee (Su Xiangmao) must die or lose the capacity of civil conduct because of the legate (Zhai Xinxin), and the donors heir or guardian can revoke the gift. From the analysis of the above facts, Zhai Xinxin may have some negative evaluation of some moral factors in the whole event, and the practice is not good, but it can not show that Zhai Xinxin has criminal offenses with suhem, and the heheon heheons successor advocates the revocation of the gift. Another case is about the return of property disputes, Su Sheng Maos family member said that before marriage, Zhai Moumou asked Su Sheng Mao to ask for a Tesla car. To this end, Su Xiang Mao has paid for car purchase, insurance, taxes and fees totaling 107 million yuan. After the registration of vehicles in the name of Wang, Zhai occupied and occupied. Su Xiangmaos family asked the court to revoke Su Xiang Maos donation to the defendant Zhai Moumou. Ma Danyang lawyers believe that from the report read such basic information: Su Xing Mao case lawyer to return the property dispute, the defendant is Zhai Xinxin. In his personal opinion, if you want to return the car that is purchased by Su Henry, you can prosecute the owner of the cars property registrant, Wang, whether or not by name, Zhai Xinxin is just the actual use of the person, not the actual or the owner of the name. Source: Legal Evening News - News Editor: Ji Xue Ying _NN6784 Another case is about the return of property disputes, Su Sheng Maos family member said that before marriage, Zhai Moumou asked Su Sheng Mao to ask for a Tesla car. To this end, Su Xiang Mao has paid for car purchase, insurance, taxes and fees totaling 107 million yuan. After the registration of vehicles in the name of Wang, Zhai occupied and occupied. Su Xiangmaos family asked the court to revoke Su Xiang Maos donation to the defendant Zhai Moumou. Ma Danyang lawyers believe that from the report read such basic information: Su Xing Mao case lawyer to return the property dispute, the defendant is Zhai Xinxin. In his personal opinion, if you want to return the car that is purchased by Su Henry, you can prosecute the owner of the cars property registrant, Wang, whether or not by name, Zhai Xinxin is just the actual use of the person, not the actual or the owner of the name.