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The related credit reporting case

Location:Home > The related credit reporting case

>> Spouse committed adultery and children, Taiwan spouse can be cured?

Yanagihara tassels marriage in Taiwan toiling for a total of camp clothing trade, business is booming, and set up branches in Hong Kong, Liu reasons business needs, then often between Taiwan and Hong Kong, his friends say that the surprise, tassels on Yanagiharachildren in Hong Kong with branch colleagues Nana adultery, adultery criminal prosecution and civil compensation Yanagihara and Nana asked tassels it?

Taiwanese in Hong Kong adultery, the criminal part of the criminal law applicable in Taiwan in accordance with the provisions of Article 43 of the Hong Kong and Macao Relations Ordinance, therefore tassels Yanagihara and Nana adultery, and adultery can not the Criminal tell, even though tassels went to Hong Kong Courtto sue, because Hong Kong is not punishment of adultery, unreasonable report in a Hong Kong court.

The civil part, in accordance with the provisions of Article 38 of the Hong Kong and Macao Relations Ordinance analogy applies to foreign-related civil law applicable law, largely through of whether the Court has general jurisdiction, qualitative, finding linked factors to decide the applicable law applies to quasi-According to the method of steps to deal with, and thus China has general jurisdiction, in accordance with the provisions of Article 9 of the law applicable to my foreign-related civil shall tort (ie, Hong Kong) and the courts (ie China) are considered in the Department of tort (ie cumulative applicable), before they may claim damages.

According to Taiwan law, the of Yanagihara and Nana's act of adultery against the right to the spouse of the tassel, tassels and other requests infringement of course, its loss compensation, but in accordance with the provisions of the Hong Kong law, adultery can only be used as grounds for divorce, there are no other people, the consequences of the criminal lawwould not constitute infringement liability for damages, tassels that can not be obtained from the Yanagihara and Nana civil compensation.

It is fringed can only adultery as grounds for divorce, filed for divorce in my 1050th 222 of the Civil Code first (2), then the evidence of adultery is not easy to obtain, you must be careful to collect evidence, as unto the bed, recording depositthe card or adultery children has an affair with a third party, such as in this case, the presence of the child will also be evidence of adultery.

Provided yet attention to adultery as grounds for divorce and limitation of time that is required to acknowledge that adultery after six months or the act of adultery after two years filed for adjudication of divorce, and can not have prior to forgive or afterwards Youshu spouse act of adulteryThe meaning of that, otherwise, that may not divorce as grounds for divorce.

In divorce proceedings, tassels can also request a divorce damages. Tassel If you achieved The Yanagihara Port of evidence of adultery and wish to file for divorce, should pay attention to the right to request the elimination of aging, in order not to delay the timing of, and continue to be caught in the morass of the deterioration of the marriage, can not extricate themselves.

 

*Source: Institute for Women's Rights Promotion and Development Foundation


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