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According to the provisions of the Marriage Law and other relevant laws, the woman has the right to choose to have children or not to have children, and the woman has no legal responsibility for the miscarriage without the consent of the man. If the man believes that the woman has violated his relevant rights, he can choose to divorce, but he cannot claim compensation.
If the parties are divorced or their cohabitation relationship is dissolved, if the parties have not completed the marriage registration formalities, or have gone through the marriage registration formalities but have not lived together, and the bride price money has not been used for living together, the husband may claim the return of the bride price paid before the marriage.
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Whether it can be returned depends on the specific circumstances and is premised on divorce.
Article 10 of Judicial Interpretation II of the Marriage Law: Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:
1) The parties have not gone through the marriage registration formalities;
2) The parties have gone through marriage registration formalities but do not live together;
3) Payments made before marriage that cause hardship to the payor.
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If, in the course of marriage, the man files a lawsuit because the woman killed the child and the man files a lawsuit, claiming that the relationship between the two parties has broken down, and asking the woman to return the bride price, the court will make a judgment according to the relationship between the two parties, and the amount of the bride price will be returned according to the time of marriage and the degree of fault of both parties. In the first divorce proceedings, the court will generally consider that the relationship between the parties has not broken down and will not grant the divorce, and in the course of the second divorce proceedings, that is, within six months after the first divorce judgment takes effect, the husband can file a divorce lawsuit again, and this time the judge will find that the relationship between the parties has broken down and grant the divorce. In the case of divorce, a judgment may be made on the property and the bride price.
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With the continuous development of social economy, there will always be various problems in our real life, especially when we encounter a man asking the woman to kill the child, in this case, can the woman ask the man to make relevant compensation? In fact, it is possible, because according to the laws and regulations of our country, if this situation occurs, it is actually possible to ask the man to make some financial compensation for himself, but in real life, few people will ask the man to make economic compensation for himself in this case.
First of all, we have to understand a situation, when this kind of problem occurs, we can directly sue the court through relevant evidence, or collect relevant evidence, and ask the man to make certain financial compensation to himself, which is very reasonable. Because whether from a legal point of view or from a moral point of view, the man has the right to make certain economic compensation to the woman, and the two parties can carry out relevant negotiations to deal with it, and if the negotiation fails, they can directly file a relevant lawsuit with the court.
If a man makes his woman pregnant, then in this case, the man must compensate his woman financially, of course, we are talking about asking his woman to kill the child. Men do not have any right to interfere with girls to make corresponding judgments on their own behavior, because at this time, if the girl gives birth to the child, then the man must carry out relevant support, and a certain amount of alimony must be issued every year, which is very important, if the man wants his girlfriend to kill the child, then he must bear a certain amount of financial compensation.
To sum up, the child is two people, when the man asks his girlfriend to kill the child, he must make certain financial compensation to his girlfriend, of course, the two can carry out relevant negotiations, if the negotiation fails, you can deal with it directly through the court, and at this time the general woman will win.
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Faced with such a situation, if the two people are already married, it has legal effect, and the woman can demand compensation from the man.
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If there is violence, the woman can ask the man to pay compensation, but if it is only verbal, she has the right to decide whether the child will stay or not.
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Can be requested. At this time, the matter will be resolved through the law, so that the man can be asked for compensation and will give himself a reasonable explanation.
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Yes, as long as the reason is very justified and the fault is on the man, then you can apply for compensation.
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Legal analysis: not breaking the law, this is an act of giving up the right of women to give birth! If the man sues for infringing on the right to procreate, the court will not accept it.
However, the man sued for divorce on this basis, believing that the woman's unauthorized behavior was an act of destroying the feelings of the husband and wife, and asked the court to grant a divorce, and the court would support it!
Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that a divorce is not permitted, the parties have been separated for one year or more, and the false party initiates a divorce lawsuit again, the divorce shall be granted.
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The woman should discuss with the man first, so the woman is responsible, and the bride price is a gift, and it can be returned or not returned according to the agreement of both parties.
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If you don't get married, you can return it. If the child does not affect the marriage, there is no need to return it.
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The children are both parties, it is irresponsible to do so, and if they are not married, they can ask for the return of the bride price.
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The Law of the People's Republic of China on the Protection of Women's Rights and Interests stipulates that women "have the right to have children, but also the freedom not to have children".
Therefore, although the woman's actions were inappropriate, they did not violate the law.
Because women have reproductive freedom.
Female protection. Reproductive rights.
Reproductive rights. First, when it is difficult for men and women, especially husbands and wives, to agree on whether or not to have children or when to have children, it is natural to protect the personal rights and interests of women more. Here's why:
First of all, men's sexual rights and reproductive intentions can only be realized through female subjects.
Second, any male power that goes against the will of women is an illegal violation of women's human rights.
In addition, in the case where the man insists on having children and the woman does not want to have children, if the man is in charge, it means that the husband has the right to coerce the wife's body and will in childbearing, which will come at the cost of the loss of the woman's personal freedom and physical and mental destruction; Giving the woman the right to decide on childbearing may have wronged the man to some extent, but the worst result is that the two parties divorce, and the man can remarry other people of the opposite sex who are willing to have children, and the woman can remarry the opposite sex who does not force her to have children.
There is no doubt that the former can lead to far more serious consequences than the latter.
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Summary. Dear, hello, I am happy to answer for you The bride price is not returned to the woman, and it is not illegal for the woman to kill the child, and the woman has the right to decide whether to give birth to the child or not.
Dear, hello, I'm glad to answer for you The bride price is not returned to the woman, and it is not illegal for the woman to beat the child, and the woman has the right to decide whether she wants to send Sakura to give birth to a child.
Legal analysis: It is not illegal for the bride price to be returned to the woman to kill the child, because the woman's practice is not illegal, and the woman has the right to decide whether to give birth to the child, which is the woman's reproductive right. If both parties receive a marriage certificate, the bride price does not need to be returned.
Legal basis: Article 5 of the Interpretation (1) 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: Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained to fall under the following circumstances: (1) the parties have not gone through the marriage registration formalities; (2) The two parties have gone through the marriage chain registration hand, Liang Xunxin, but they do not live together; (3) Premarital payments that cause hardship to the payor.
The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.
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