Chapter 111: Unjust Enrichment
Chen Huiying faced this question, but she was confused, she didn't know how to answer, she wiped her tears and said, "I ......, I ......"
Fortunately, Li Chao has the ability to read minds and can gain insight into people's innermost thoughts. Li Chao had already seen a line of golden words in Chen Huiying's eyes, "Although Tong Yi is messing with other women, I have been married to him for more than 20 years and have three children, if I divorce, these three children will be abolished, I still hope that he can turn back." ”
Li Chaotong's recent attempts have found that mind reading can only be used to handle cases, and it cannot be used at all in ordinary life. Sometimes, Li Chao wanted to see Lin Shanruo's thoughts, but it was all invalid. However, as long as it comes to handling the case, the use of mind reading is a hundred tests.
Chen Huiying was embarrassed to answer, Li Chao nodded understandingly, and said affirmatively: "Okay, I understand your attitude, you still want to live with your husband." ”
Chen Huiying's face was red, her head was lowered, she didn't dare to look at Li Chao and Lin Shanruo, and said in a low voice: "Superman lawyer, lawyer Lin, do I seem very useless and shameless?" Obviously, her husband is like this, and she can't leave him yet. ”
Without waiting for Li Chao to answer, Lin Shanruo replied excitedly: "How could it be? It was your husband who did something wrong, and you worked hard to save this marriage for the sake of your children and family, as well as for years of affection. Your actions are definitely not wrong, but should be commended. ”
Li Chao was also relieved: "You are a qualified wife and a great mother." The two of you came to Shenpeng from other places to work hard, and now you have no worries about food and clothing, and your career is successful, and you finally run a good family, if you easily disperse, it is really a pity. Since you still want to live with your husband, then it is better for someone to do the ideological work of your husband. ”
"Did you sue Tong Yi's parents about this?"
Chen Huiying shook her head, "I haven't told the second elder yet, I don't want them to worry, I thought I could talk to Tong Yi clearly, who knows that he is obsessed with heartbeat." ”
Li Chao then analyzed: "In this case, if you sue his parents, and then ask his parents to do their son's work, generally parents will not allow their sons to behave outside." In addition, I will also find an opportunity to talk to Tong Yi and try to make him lose his way. ”
"The next key is to recover the 4.71 million yuan, which is a bit tricky."
Chen Huiying raised her head nervously when she heard this, looked at Li Chao, and asked excitedly: "Yes, Superman lawyer, the 4.71 million yuan has been transferred to the head of the junior account by the unconscionable Tong Yi, can I still recover it?" ”
Li Chao didn't answer and asked, "Is the money still in that woman's account?" Did the woman use the money? ”
Chen Huiying shook her head helplessly and said, "I asked the bank to check the account, and all the 4.71 million yuan has been withdrawn." ”
Li Chao then asked: "Who took the 4.71 million yuan?" What are they used for? ”
Chen Huiying frowned and pondered, then replied: "Once I secretly flipped through Tong Yi's mobile phone and saw them chatting about buying a house and a car on WeChat. ”
"This negative man should have used the money to buy a house and a car for that woman."
Chen Huiying's tears rolled down again, leaned forward, looked at Li Chao and Lin Shanruo expectantly, and excitedly asked for help: "Superman lawyer, lawyer Lin, this money has been squandered by Xiao San, can this be recovered?" This is all the hard work of our 20 years of struggle! ”
Li Chao handed over the tissue and comforted softly: "The money has been used up, and it has added some trouble." But don't worry, there is a way, the law will protect your property rights. ”
"First of all, your husband Tong Yi has no right to dispose of the joint property of the husband and wife without permission. The 4.71 million yuan is the money you earned from stock speculation with your savings, and it belongs to the joint property of your husband and wife. ”
"In accordance with the provisions of Article 17, Paragraph 2 of the Supreme People's Court's Interpretation (1) on Several Issues Concerning the Application of the Huaxia Marriage Law, if a husband or wife makes an important decision on the disposition of the joint property of the husband and wife for reasons other than the needs of daily life, the husband and wife shall negotiate on an equal footing and reach a consensus."
"Tong Yi transferred 4.71 million yuan of the joint property of the husband and wife to the junior without your consent, which is illegal."
After Li Chao finished speaking, he glanced at his senior sister, Lin Shanruo nodded understandingly, and continued to analyze Chen Huiying: "And for Xiao San, she has no right to occupy the 4.71 million yuan, and her use of the 4.71 million yuan to buy a car and house constitutes unjust enrichment."
"Unjust enrichment refers to the obligation to return benefits that have no lawful basis, or have lost their lawful basis after the fact, and are recognized as benefits obtained as a result of causing losses to others. In accordance with the provisions of Article 92 of the General Principles of the Chinese Civil Law, if an improper benefit is obtained without a lawful basis, causing losses to others, the improper benefits obtained shall be returned to the person who suffered the loss. ”
"Therefore, Xiao San should return part of the 4.71 million yuan."
After listening to the analysis of Li Chao and Lin Shanruo, Chen Huiying's tearful eyes rose with expectation, and she stretched out her hand to grab Lin Shanruo's arm tightly, and pleaded: "Lawyer Lin, lawyer Superman, you can help me recover the 4.71 million yuan, please." ”
Lin Shanruo's face was full of sympathy, she held Chen Huiying's hand, and comforted: "Don't worry, if you want to recover this money, you should immediately sue the court, sue Xiao San for unjust enrichment, and order Xiao San to return the money." ”
Li Chao then added, "However, you also have to be mentally prepared, now the situation is complicated, and trouble must be indispensable if this matter occurs, it is difficult to recover 100% of the 4.71 million yuan, but we can guarantee that at least half of it can be recovered, because half of the 4.71 million yuan is yours." ”
Chen Huiying asked puzzledly, "Why can't you recover them all?" Since Xiao San constitutes unjust enrichment, he should return all the money. ”
Li Chao patiently explained: "First, Xiao San may have squandered the money by buying a car and a house, and it is difficult for her to afford to repay, of course, she can apply for the auction of the house and car, but after various procedures, she must pay a part of the handling fee." The second is that the junior is likely to seize on your husband's voluntary gift to defend and refuse to return the money. ”
Chen Huiying's brows furrowed, and she asked nervously, "Then what should I do?" My hard-earned money was spent by the fox spirit, I am really unwilling! ”
Li Chaolang said with sympathy in his eyes and full of enthusiasm: "It's useless to say more, now is to quickly sue Xiao San for unjust enrichment, and then apply for property preservation and freeze Xiao San's car and house, so that the loss can be reduced to the lowest extent and as much money as possible can be recovered." ”
Chen Huiying wiped her tears, nodded excitedly, and said to Li Chao and Lin Shanruo: "Superman lawyer, lawyer Lin, I don't know how to fight a lawsuit, so please ask the two of you to be my agents to help me win this lawsuit and get back my hard-earned money!" ”
Li Chao and Lin Shanruo glanced at each other with a sharp heart, smiled slightly, and they both nodded happily in agreement.
Li Chao has long wanted to fight side by side with his senior sister and represent cases together. I don't want my wish to come true today, and my first cooperation with my senior sister starts by helping the original partner fight the junior!
Li Chao and Lin Shanruo are confident that they will definitely be able to win this lawsuit!
……
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