Is one of the spouses moral damages considered community property?

Nanjing professional marriage lawyer Xu Naiyi will answer for you:

Is one of the spouses not the property of the husband and wife?

The so-called moral loss fee, also known as compensation for moral damages, refers to the mental suffering caused by the unlawful infringement of a citizen's personality rights, and the infringer gives the victim a certain amount of economic compensation to comfort him. However, during the existence of the marital relationship, whether the moral damage expenses of one party is the joint property or the personal property of one party, the Marriage Law of China stipulates in Article 18 of the Marriage Law: "In any of the following circumstances, it shall be the property of one of the husband and wife:

(1) One party's premarital property;

(2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side as a result of bodily injury;

(3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

(4) Daily necessities for the exclusive use of one side;

(5) Other property that shall belong to one party. "Moral damages are compensation for the infringement of a citizen's personality rights, and even during the existence of the marital relationship, we can refer to the spirit of paragraph 2 of this article and should be recognized as the personal property of one of the spouses.

The moral damage fee of one party is not the joint property of the husband and wife, but the personal property of one of the parties.

Moral damages, also known as compensation for moral damages, refer to the mental suffering caused by the unlawful infringement of a citizen's personality rights, and the infringer gives the victim a certain amount of economic compensation to comfort them. However, during the existence of the marital relationship, whether the moral damage expenses of one party is the joint property or the personal property of one party, the Marriage Law of China stipulates in Article 18 of the Marriage Law: "In any of the following circumstances, it shall be the property of one of the husband and wife:

(1) One party's premarital property;

(2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side as a result of bodily injury;

(3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

(4) Daily necessities for the exclusive use of one side;

(5) Other property that shall belong to one party. ”

Moral damages are compensation for the infringement of a citizen's personality rights, even during the marriage, and are recognized as the personal property of one of the spouses with reference to paragraph 2 of the above article.

No, because the moral damage fee is compensated by one of the spouses.

The so-called moral damage fee, also known as compensation for moral damages, refers to the mental pain caused by the laughter of a citizen due to the unlawful infringement of his personality rights, and the infringer gives the victim a certain amount of economic compensation to comfort him.

In the case of moral damages due to some accidents, according to the provisions of Chinese law, this is the personal property of one of the spouses, so if the husband and wife divorce, then the division of this part of the property cannot be claimed.

In other words, the law stipulates that only those parts that are recognized as joint property can be divided.

Legal basis] Article 1063 of the Civil Code, the following property is the personal property of one of the husband and wife:

(1) One party's premarital property;

2) Hail compensation or compensation obtained by one party as a result of personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

(4) Daily necessities for the exclusive use of one side;

(5) Other property that shall belong to one party.

Legal analysis: Medical expenses, living allowances for the disabled and other expenses obtained by one party due to bodily injury belong to the property of one of the spouses. Because the loss fee is the compensation obtained for the damage to the personality of the citizen, it should belong to the individual victim.

Legal basis: Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Remuneration for wages, bonuses, and labor contributions;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063 The following property shall be the personal property of one of the husband and wife:

(1) One party's premarital property;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for one party's exclusive search and closure;

(5) Other property that shall belong to one party.

Facts: In October 2008, because Wu infringed on Lu's right to reputation, Lu received 20,000 yuan in moral damages after the court judgment. In January this year, Lu's husband Zhang failed to return on time because he borrowed 50,000 yuan in cash from Wang for timber business, and Wang sued Lu's husband Zhang to return the arrears, and the court ruled that Zhang should return Wang's loan of 50,000 yuan.

In March this year, the court put in place the 20,000 yuan that Wu should pay for mental damages. After Wang learned about it, he requested that Zhang's wife, Lu, be added as the person subject to execution in accordance with the law, and that the 20,000 yuan for mental damages obtained by Lu be withheld. After the court added Lu as the person subject to enforcement, it forcibly withheld 20,000 yuan of Lu's mental damages.

Lu raised an objection to the court, arguing that the 20,000 yuan moral loss fee did not belong to the joint property of the husband and wife and should be paid to Lu in accordance with the law. Differences: There were two different opinions after the hearing of the enforcement objection in this case.

The first opinion is that Lu's 20,000 yuan for mental damages should be Lu's property, and the court should not enforce it. The second opinion holds that Lu's 20,000 yuan for mental damages belonged to the husband and wife Lu and Zhang, and was the joint property of the husband and wife, and the court could enforce it in accordance with law. Comments:

If a citizen suffers mental pain due to an unlawful infringement of his or her personality rights, the infringer gives the victim a certain amount of economic compensation to comfort him, and this fee is the cost of mental damage. However, the law does not clearly stipulate whether the moral damages obtained during the marriage are the joint property of the husband and wife or the property of one of the spouses. However, paragraph 2 of Article 18 of China's Marriage Law stipulates that:

Medical expenses and living allowances for the disabled are the property of one of the spouses. Even if Lu X obtained it during the existence of his husband and wife relationship with Zhang, it can be determined that Lu's 20,000 yuan of moral damage is personal property with reference to the provisions of Article 18, Paragraph 2 of China's "Marriage Law". Therefore, the author agrees with the first opinion.

Article 1062 of the Civil Code of the People's Republic of China The following confiscated property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) Wages, bonuses, and remuneration for labor services; 2) Income from production, operation and investment; 3) income from intellectual property rights; 4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Article 1063 of the Civil Code of the People's Republic of China provides that the following property is the personal property of one of the spouses: (1) the premarital property of one party; 2) Compensation or compensation received by one party for personal injury; 3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.

Moral damages are not the joint property of the husband and wife. The medical expenses and living allowance for the disabled received by one party due to the injury of the physical abortion belong to the financial collapse of one of the spouses. Because the moral damage fee is compensation obtained for the damage to the personality of the citizen, it should belong to the individual victim.

Legal basis] Article 18 of the Marriage Law, in any of the following circumstances, it shall be the property of one of the husband and wife:

(1) One party's premarital property;

(2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side as a result of bodily injury;

(3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

(4) Daily necessities for the exclusive use of one side;

5. Silver Dollar) and other property that should belong to one party.