Hwang became pregnant, found "boyfriend" is married but she gave birth to a child. "Unmarried mother" called Huang was ashamed, she thinks, is the "boyfriend" to damage her in a great spirit of deception. Thus, Huang Huang, Lin told the Court, but she is not asking for child support, but Huang Lin compensation for her loss of reputation costs 50,000 yuan. Huang, Lin did not recognize fell in love with her, admitting only had a relationship with her. On June 8, the reporter learned from xixiangtang district of Nanning city, Guangxi courts, for the honorary right to dispute, the Court ultimately did not support a request.
A thunderbolt
Pregnancy after the discovery of "boyfriend" married
Now just turned 30 years old, Huang said, the end of 2010, she met Huang, Lin is 5 years older than me. In early 2012, the two men established a relationship. In September 2012, Hwang was pregnant, when she was the happy news told Huang, Lin, Huang, Lin asked her to abort the child. Hwang repeatedly requested the birth, Huang Lin and then told her he was married and had children. The news, Hwang came as a thunderbolt, consideration could be given to the unborn baby is 5 months old, and ultimately she decided to give birth to the child.
The end of May 2013, Huang, gave birth to a girl. After the baby is born, Huang Lin not only don't pay, pay not pay anything for children, which give a very sad. "Boyfriend" unfeeling, Huang Huang, Lin told a court, ask a compensation for damage to reputation, costs 50,000 yuan Lin Wong. Huang because Huang Lin feeling deceived, she not only youth, pregnant and alone to bear a great deal of mental injury and mental stress. Facing secular condemned and denounced as an unmarried mother, caused her personality and reputation of serious injury.
Version of Huang, Huang Lin is negated. Huang, Lin acknowledged that gender relations have occurred between the two men, but it does not mean that two people are in love. From the perspective of law, in violation of his obligation of loyalty between spouses. But Hwang, his behavior there is no illegality relate only to moral issues.
A pregnant Wong is in his strong opposition to unilateral acts in the context of, and the law does not treat reproductive behavior as a civil rights protection. Even if Hwang's social evaluation and therefore reduced, but his conduct does not have tort, so he shall bear tort liability.
Court decisions
Both behaviors are social morality
Huang, Lin denied that parent-child relationship with Hwang's daughter yellow March 2014, apply to the Court for paternity testing. The final confirmation, Huang Lin and Huang biological kinship. Court investigations also found that the end of September 2011, Huang Lin and Zhao got married.
Huang Lin's behavior is not a violation of rights to Hwang's reputation? The Court found that the honorary rights refer to citizens and legal persons for their reputation against other violations of the rights, defamation, for insult, slander or other acts. Huang advocated a forest to hide in yellow of their married status, take the form of cheating and her and led to her pregnancy, a violation of her right of reputation.
But look at the relationship between them, first of all, Huang does not exist as evidence confirmed that Hwang forest hide the fact that have been married. Secondly, even if Huang Lin conceal the State of marriage, but he did not take the insult, slander or other means to damage Hwang's reputation and dignity, does not conform to the elements of the tort. Lijiang ancient town close storm wrestling behind
Once again, they are consensual relations between men and women, and both of them are in fact within the scope of social moral evaluation and should not be adjusted by law. So, Huang claims there is no factual and legal basis, the Court does not support.
No comments:
Post a Comment