In Zhumadian, Henan, a woman asked the decoration master to decorate a new house. During the period, the two had a close relationship. Soon after, the woman was pregnant and was worried that the woman would terminate her pregnancy because she was worried that the woman would terminate her pregnancy.Afterwards, the woman claimed to the decoration master, but the other party did not recognize the account. When she was angry, the woman sued the decoration master to the court and claimed 29018.5 yuan.
32 -year -old Ma had married her husband, Mr. Guo, for many years. The couple had a son. Because Mr. Guo was a salesperson, he often traveled. Therefore, Ma stayed at home by most of the year.
Not long ago, Mr. Guo bought a 144 -square -meter house. Ma got a new house and was responsible for the decoration of the new house alone. She carefully chose and chose Peng Mou, who helped her design a complete decoration plan.
Peng is 38 years old. He has five major and three rough people. He is meticulous. During the decoration, because of many details, Ma Mou and Peng Mou contacted him privately.
The two repeatedly discussed. After the talk, Peng will accompany Ma to purchase some decorative materials, such as brick tiles, cement, etc.
Peng Mou has been working in the decoration industry for so many years and is very familiar with the decoration method, saving a lot of costs for Ma.
At the beginning, the two just chatted ordinaryly. Later, they talked a lot. From the arrangement of the house, to some personal things, to the daily life of the two, they occasionally gathered together to eat or something.
After accumulation, Peng also felt a different feeling for Ma. The relationship between the two became more and more subtle, but always separated from a thin layer of diaphragm.
In an unexpected situation, Ma asked Peng to go to dinner. Peng said his idea to Ma, and Ma neither agreed nor opposed.In the middle of the night, the two finally broke the other party’s moral bottom line.
Drought and Gan Lin, the two of them finally got another spring rain in life.Peng Mou is also a family, but he is restless. His sweet words are naturally born. The two people are not available. The two are more presumably., Talking a night.
However, the enthusiasm of the two lasted for a while, and gradually lost interest in each other. Although they talked less, they still did not break the contact.Who knows, Ma found a big problem, and she usually came on time for several months.
One morning, Ma couldn’t help spitting up, her face was pale, and she felt wrong. She immediately went to a private hospital for a medical examination and found that she was pregnant. It was Peng’s flesh.
She suddenly felt scared, and was afraid of being discovered by the people at home, especially Mr. Guo.
In a fierce ideological struggle, Ma still chose a miscarriage. Who knew that she had been taken into the hospital because of sudden blood loss.
Due to the sudden incident, the hospital had to tell Mr. Guo about the incident that Ma’s husband knew that he was wearing a big hat, his wife was pregnant with someone else’s children, and he was reluctant to come to the hospital.
Mr. Guo did not expect that the purpose of his buying a house was to make his wife and son live a good life, but he did not expect to force his wife to this step.
Mr. Guo left angrily, and there was no news from then.Ma Mou was so anxious that she couldn’t change how she cried.
Ma Mou couldn’t afford it, so he had to call Peng to take care of himself.However, Peng Mou was afraid that Ma would extort himself, and immediately clarified his relationship with Ma, saying that Ma Mou had nothing to do with himself. It was a voluntary to kill his child.
Without the source of the economy, Ma Mou was as poor as washing, and he couldn’t even afford the medical expenses. After listening to Peng’s evil words, Ma completely collapsed.
After many quarrels with Peng, Ma Mou pushed all responsibilities to Peng and sued to the court, asking him to compensate for the medical expenses of 19896.5 yuan, and compensated the mental loss of 10,000 yuan.
(This case is adapted according to the real case, not current affairs news. Some content has changed on the basis of not changing the original legal facts. Do not check the number. The original judgment was announced at the end of the article)
Article 1165 of the Civil Code stipulates that if a perpetrator causes damage to the civil rights and interests of others by fault, it shall bear the liability for infringement.
At the micro level, the civil claim proposed by Ma needs to be supported by the premise of constituting infringement by Peng, and the civil law believes that the establishment of infringement should have four requirements:
1. Behavior is an illegal act, 2. There is a causal relationship between illegal behavior and damage.
First of all, when the house was renovated, Ma Mou and Peng had a long time in love and had sexual relationships, which caused Ma to conceive a child, which triggered the case.
However, during abortion, it may be a physiological cause or a hospital mistake. Ma suddenly lost too much blood, but anyway, Ma’s body has been severely damaged, which is impossible to deny.
The relationship between Ma and Peng Mou is voluntary, not forced. There was an abnormal relationship between Ma and Peng, and Ma had been pregnant, but Peng did not know that Ma Mou had already been.pregnant.
Moreover, Ma’s abortion is also a decision made by Ma himself. Peng Mou has no subjective responsibility, nor does he have objective evidence to prove that Peng Mou has infringement.
Therefore, Mr. Peng’s infringement cannot be established, so he should not be responsible for his actions.
From a macro perspective, the act of violating the mandatory regulations of laws by civil subjects is not protected by law.
They are all families, but they have a relationship in private. Although they are not illegal, they violate the public order and customs.
Article 8 of the Civil Code of my country shall not violate the law, and shall not violate the law, and shall not violate public order and customs in civil activities.
The behavior of Ma and Peng belongs to betrayal of betrayal, violated public ethics, should be morally condemned, and should be legal to deny it. Therefore, Ma’s compensation request cannot be supported.
Furthermore, Article 1183 of the Civil Code stipulates that infringement of serious mental damage caused by infringement of natural people’s rights and interests, and the infringer has the right to request mental damage compensation.
Mental damage refers to the injury and pain caused by the infringement caused by the infringement behavior, and the non -property damage that cannot carry out daily activities, such as spiritual sadness, disappointment, and anxiety.
From an objective perspective, Ma Mou was damaged by the flesh caused by Peng and abandoned by her husband. The psychological trauma caused by her husband was unbearable.
However, because there was no DNA identification, Ma Mou did not provide any evidence, proved that the baby was Peng, and the marriage relationship between Ma and Mr. Guo continued, so Mr. Guo could not rule out the biological father of the baby.
In this case, Ma’s thoughts were very sober, her life was very exciting, and she did not suffer any spiritual damage. Therefore, her mental loss was completely fabricated out of thin air.
This case is both sighing and surprising. This is a private matter, but the incident has unexpectedly evolved into a legal dispute.
I have to say that although Ma obviously made a very unwise decision when he decided to have a sexual relationship with Peng, this does not mean that she should endure Peng’s ruthless treatment.
Especially when she suddenly bleeds in the process of killing her child, Peng did not help and care for her. Instead, she stood on her position and refused to bear the liability for compensation.
For his rights and interests, he filed a lawsuit in accordance with the law. This is a legitimate behavior, and it is also a way to maintain justice and justice.
However, such incidents also reflect certain problems in today’s society, such as the lack of moral level and the fragility of family relationships.First of all, Ma made an immoral mistake, abandoned his responsibility and obligation as his wife and mother, and betrayed his family and husband. This was an unforgettable mistake.
On the other hand, Peng Mou also faced a certain moral dilemma, because he knew that the other party was married, but regarded the so -called "love" to steal food, and refused to bear the liability for compensation.
Both of them have made moral errors, which also illustrates the lack of moral lack of morality in our society.
In addition, this incident also highlights the vulnerability and vulnerableness of family relationships in today’s society.
The lack of trust, mutual understanding and care between husbands and wives laid the root of the incident.
If the husband and wife can face each other, look for problems in communication, and more trust and care about each other, then such things will not happen.
In summary, all aspects in the case tell us that the importance of family relationships, social ethics and legal rules.We need to be aware of our responsibilities and obligations, and consciously abide by the morals and laws and regulations of society, and maintain our values and decent dignity in a good way.
The court of the first instance finally rejected Ma’s claim. Ma did not accept it and filed a appeal, but was still rejected by the Second Audit Court.
