Lawyer

Chapter 831 You Can Do This Unreasonably!
Seeing his wife hiding away, Le Changsheng already understood in his heart that life would be impossible and he could only divorce.But he couldn't see how anyone could go to the Civil Affairs Bureau to apply for a divorce, so Le Changsheng filed a lawsuit in the court, demanding a divorce and division of property.

Only then did Yu Yijing find Ma Yi to help her with the divorce lawsuit.But during the lawsuit, Yu Yijing always concealed the fact that Le Changsheng had been declared dead and that she had obtained a marriage certificate two days ago.

Since then, the court sentenced the two parties to divorce on the grounds of the breakdown of the relationship between the husband and wife, and divided the joint property of the husband and wife.

Yu Yijing felt that she was at a disadvantage due to the lack of property distribution. She refused to accept the first-instance judgment and filed an appeal. In the lawsuit, she disclosed the fact that Le Changsheng had been declared dead and that she and a third party had already obtained a marriage certificate.

Knowing that he was declared dead, Le Changsheng naturally quit, so he applied to the court to revoke the death sentence.Soon the court revoked the death judgment upon application.

Le Changsheng's lawyer then applied to the Intermediate Court on his behalf to revoke the divorce judgment made by the court of first instance. After the trial, the Intermediate Court revoked the divorce judgment made by the court of first instance.

At this time, Le Changsheng felt resentful, and after consulting a lawyer, he filed a criminal private prosecution in the court on the grounds that Yu Yijing had committed bigamy.

"Hey! How else can we say that civil cases are an area with a high incidence of false lawsuits. It is impossible for the court and lawyers to know what the parties want to hide.

If a lawyer serves as a senior counselor to advise the client, he will engage in false litigation.Courts are harder to spot. " Ma Yi sighed.

"There are also cases in criminal cases, but they are relatively better." Fang Yi replied.

"Well, a false lawsuit in a civil case is just a matter of violating interests, while a false lawsuit in a criminal case is life-threatening! So if there is no accident in a criminal case, it must be a major event." Ma Yidao.

"Is the defendant Yu Yijing at home now or is he in the detention center?" Fang Yi asked, changing the subject.

"Yu Yijing just gave birth three months ago and is breastfeeding now, so she didn't enter the detention center. I made a template for her, and her parents helped her apply for release on bail." Ma Yi replied.

"Hey! You want to develop in the direction of criminal litigation!" Fang Yi teased.

"That's it! I took money from them, and the client went in before the second trial was over. I have to provide services anyway. I asked your team's lawyer Zhou to help write the bail application. Hehe..." Ma Yi shamelessly laughed.

"Okay, the lawyers in our team work, you take money, you can do this in a dishonest way!" Fang Yi gave him a white look.

"I didn't ask Zhou Ying to help for nothing, I gave a red envelope." Ma Yi retorted.

"Okay, the referral fee is gone." Fang Yi said with a cold face.

"Don't! Brother, it's not easy for me to earn some money, so you have to give some." Ma Yi said with a stern face, almost pulling Fang Yi's arm and acting like a baby.

"Okay! I'll give you half of it. Don't be too tired, I can warn you, don't use all the tricks you use to deal with old women, it won't work." Fang Yi stared.

"Okay, [-]% is fine. How much are you going to talk about for the lawyer's fee?" Ma Yi asked.

"What do you mean?" Fang Yi asked back.

"What I mean is, let me negotiate the lawyer's fee for you. Just connect me with a lawyer. It's not a complicated case anyway. Or let lawyer Zhou handle the case." Ma Yi stared at Fang Yi with good eyes, Wait for his statement.

"Okay, it's up to you." Fang Yi nodded.

"Okay, just tell Zhou Ying, I'll go make an appointment with the client right away." After finishing speaking, Ma Yi lifted his ass and left.

"Sit no longer?" Fang Yi asked cheerfully.

"Stop sitting, making money is the most important thing." Ma Yi smiled and walked out of the office quickly.

Although Ma Yi looked out of tune, he was still very professional in divorce proceedings, otherwise Wankefa would not let him pull the team.

Ma Yi has a very close relationship with Fang Yi and Huang Yuanchao. Although sometimes they don't see each other once a month, they still have a tacit understanding. Take this case as an example. In fact, he can do it with lawyer Song, but he just Knowing Fang Yi, the amount of introduction fee is not a big deal at all, this is friendship.

On Friday afternoon, Zhou Ying took a notebook and wrote something on the whiteboard in Fang Yi's office. The door of the office opened, and Du Yong, Meng Guangda and other team members came in one after another.

Usually everyone is busy, and the court rarely arranges a court session on Friday afternoon. Everyone is there, so Fang Yi will invite team members to come to the office and let everyone talk about the legal problems they have encountered recently and the new regulations they have discovered.It can be considered as learning together and improving together.

"Lawyer Fang, what case are we talking about today?" Meng Guangda asked after sitting at the far end of the sofa, leaving room for others.

"Not long ago, Lawyer Zhou took on a case of bigamy. This case is quite representative, so let's discuss it today, which can be regarded as giving Lawyer Zhou some advice and broadening his thinking." Fang Yi put down his teacup and said with a smile.

After Fang Yi finished speaking, everyone looked at the whiteboard in front of Zhou Ying. The key points of the whole case were written on the whiteboard with time as the node, so that everyone could see it clearly at a glance.

"Zhou Ying, please introduce the case to everyone, and then tell everyone your questions." Fang Yi said to Zhou Ying.

Zhou Ying agreed, closed her pen, looked at everyone, and introduced Yu Yijing's bigamy case.

"I discussed this case with lawyer Du before, and the key point now is whether the defendant Yu Yijing's behavior constituted bigamy?
I don't think it constitutes bigamy because of the following reasons:
Declared dead according to Article 2021 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation (General Principles of the Civil Law of the People's Republic of China) (Trial) (repealed in January 1, subject to the Civil Code) No. 30 The marriage relationship between the person and the spouse shall be extinguished from the date of the declaration of death.

If the death declaration is revoked by the people's court, if the spouse has not yet remarried, the husband-wife relationship will automatically resume from the date of revocation of the death declaration; if the spouse divorces after remarriage or the spouse dies after remarriage, the husband-wife relationship shall not be deemed to have resumed on its own.

In this case, after Le Changsheng was declared dead, Yu Yijing's marriage with him ceased.Before the death judgment is revoked, Yu Yijing has the right to register her marriage with others.Therefore, the behavior of the defendant Yu Yijing did not constitute the crime of bigamy.This is my opinion, it can be regarded as throwing bricks and starting jade. "Zhou Ying said with a smile.

"My opinion is the opposite of Lawyer Zhou's." After Zhou Ying finished speaking, Du Yong expressed his opinion: "Yu Yijing deliberately concealed the truth that her husband still had contact after going abroad to work, and maliciously applied to the court to declare Le Changsheng's death. , a fraudulent act in civil law.

According to the provisions of the "General Principles of Civil Law", malicious fraud is an invalid civil act, and the legal relationship confirmed through fraud is invalid and invalid from the beginning.

Therefore, through fraud, Yu Yijing obtained the court's confirmation that the legal relationship between her marriage with Le Changsheng was invalid, and her marriage with Le Changsheng still existed.Under such circumstances, Yu Yijing's act of marrying another person constituted the crime of bigamy. "

(End of this chapter)