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The law does not recognize the "youth loss fee" as long as the reason is contrary to social order and good customs.
Article 7 of the General Principles of the Civil Law stipulates that civil activities shall respect social morality.
Article 8 of the General Provisions of the Civil Law stipulates that civil entities engaged in civil activities shall not violate the law or violate public order and good customs. Article 153 stipulates that civil juristic acts that violate public order and good customs are invalid.
When one party breaks up due to an extramarital affair with another person outside of marriage, one party demands that the other party pay compensation for the breakup, loss of youth, or mental compensation, or asks for an IOU or a compensation contract, which violates social order and good customs, and shall be invalid.
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Loss of youth? You're naïve! Youth loss, so if you are middle-aged, do you still have to have a loss of prime age!
Youth, what is it? Who defines your youth for how many years! The corresponding financial compensation is already the maximum!
This kind of non-material noun cannot represent anything at all, how to compensate you!
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Because this is not the jurisdiction of the law. The law is not omnipotent.
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There is no quantifiable indicator of youth loss, is Bill Gates' youth worth other people's? But can it be compensated according to Bill Gates's value? Was bin Laden's youth a sin worthless? It is impossible to prove who should pay for the loss of youth.
As for youth in love marriage, no one is tied to whom, and if it is, it is illegal imprisonment.
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Without this in law, of course, there is no legal recognition.
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There is no such thing in the laws and regulations.
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It is a miracle that the country does not die.
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Legal Analysis: There is no legal basis for compensating for the loss of youth. In our country's law, it has never been required that when a man and a woman divorce or break up, either party needs to pay the necessary loss of youth to the other party.
However, if one party is divorced because of statutory fault, the innocent party may ask the other party for damages.
Legal basis: Article 1091 of the Civil Code In any of the following circumstances, resulting in a divorce and violent marriage, the innocent party has the right to claim damages:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults.
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Legal analysis: the claim for youth loss is not based on the law; However, according to the current laws of our country, if the circumstances are not serious, it will not be supported, and the people's court may order the infringer to stop the infringement, restore the reputation, eliminate the impact, and make a formal apology according to the circumstances.
Legal basis: Article 8 of the "Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" is generally not supported if the victim requests compensation for the damage caused by the infringement but does not cause serious consequences, and the people's court may order the infringer to stop the infringement, restore the reputation, eliminate the impact, and make a formal apology. Where the infringement causes mental harm to a person and serious consequences are caused, the people's court may order the infringer to bear civil liability such as stopping the infringement, restoring the reputation, eliminating the impact, and making a formal apology, and the clan Shidou may, at the request of the victim, order him to compensate the corresponding solatium for mental damages.
Article 9: Solatium for mental damages includes the following methods: (1) where a person is disabled, it is disability compensation; (2) where death is caused, death compensation; (3) Spiritual solatium in other harms. Article 10: The amount of compensation for moral damages shall be determined on the basis of the following factors:
1) The degree of the infringer's fault, except as otherwise provided by law; (2) Specific circumstances such as the means, occasions, and methods of conduct of the violation; (3) the consequences of the infringement; (4) the infringer's profits; (5) the infringer's economic capacity to bear responsibility; (6) The average standard of living for the location of the court being sued. Where laws and administrative regulations have clear provisions on disability compensation, death compensation, and so forth, the provisions of the applicable law or administrative regulations are to be applied.
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Loss of youth payments are generally not supported by law. Because in a relationship or marriage dispute, compensation is not involved quickly. In such cases, there are cases where one party claims the loss of youth from the other party. However, this so-called youth compensation is no.
Civil Code of the People's Republic of China
Article 1091.
In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults.
Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1).
Article 86.
"Compensation for damages" as provided for in Article 1091 of the Civil Code includes compensation for material damages and compensation for moral damages. Where compensation for moral damages is involved, the relevant provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply.
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