Chapter 140 Equality does not equal fairness (Part 1)
"Divorce is quite difficult and the cost is quite high."
After reading the information in Qin Zhenwei, he felt a little embarrassed.
"Lawyer Qin, please help our Wenwu."
"Yes, we are all ordinary families and can't afford to offend such women."
Both Zhang’s father and Zhang’s mother showed a pleading look. They had already placed their hopes on the young lawyer in front of them.
Qin Zhenwei was specially invited by Ren Pingsheng from Junheng Law Firm. With his professional knowledge and ability, he served as a consultant for the divorce case between Zhang Wenwu and Luo Yunxiang.
Although Ning Zhenyi, the director of the law firm, was a little surprised by Ren Pingsheng's request, Wanyou Network has become a major client of Junheng Law Firm. Due to the consideration of the friendly and cooperative relationship between the two parties, she still sent elite backbones in the station to help.
Qin Zhenwei is 25 years old and is from Jinling City, Jiangning Province. He graduated from Southwest University of Political Science and Law with a master's degree in law. He is proficient in civil law and corporate law. He also has profound attainments in the field of criminal law.
He was wearing a neat suit and frameless glasses. He had a straight facial features and bright eyes, but his head was a little bald, and he looked like a very typical legal person.
Ning Zhen sent Qin Zhenwei to help Ren Pingsheng, which was not a casual move. Although Qin Zhenwei was young, he was very capable. He handled several cases in just a few years. He was a rising star in the institute and also the target of Ning Zhen's key cultivation.
"Lawyer Qin, do you think we have a chance of winning if this case goes to court." Ren Pingsheng looked at Qin Zhenwei with a serious expression. On the one hand, his words were to let Zhang's father and mother understand the seriousness of the situation, and on the other hand, he was also testing the level of this young lawyer.
"Mr. Ren, that's how it is."
Qin Zhenwei cleared his throat and spoke respectfully.
"According to the interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, Article 22 stipulates: If the parents contribute to the purchase of the house by both parties before the parties get married, the investment shall be deemed as a personal gift to their children, except where the parents clearly state that the gift is made. If the parents contribute to the purchase of the house by both parties after the parties get married, the investment shall be deemed as a gift to both parties, except where the parents clearly state that the gift is made to one party."
"If Mr. Zhang transfers the house to Zhang Wenwu before your son and Luo Yunxiang receive the marriage certificate, the house should be recognized as a personal gift to your son and pre-marital property belonging to your son. Luo Yunxiang has no right to request this house and cannot divide the house."
Listening to Qin Zhenwei's words, Zhang's father's face suddenly darkened. Seeing that the situation was not good, Zhang's mother grabbed his arm and asked:
"Lao Zhang, when did you transfer the house to your son's name?"
Father Zhang said dejectedly and whimpered:
"That's after the Lantern Festival. I thought that the child was growing up and lived with my girlfriend again. There was no need to rent that house, so I paid the final payment and simply registered it in his name."
Ren Pingsheng interrupted, and he asked Zhang Wenwu:
"Does Luo Yunxiang know about your father's transfer of the house?"
Zhang Wenwu nodded and said:
"The days when my father came to go through the procedures, he lived in a house in Hanhai City, and we didn't hide it from her."
Ren Pingsheng frowned and stopped talking.
Qin Zhenwei nodded and said sympathetically:
"From the situation you mentioned just now, since you transferred the house to your son after getting the certificate, according to the Supreme Court's judicial interpretation of the Marriage Law, the house should be regarded as a gift to both the husband and wife and belongs to the common property of the husband and wife."
"According to the current situation, if there is no other stronger evidence, the situation in the case will not be optimistic."
"At least, half of this house will be distributed to the woman."
As soon as the lawyer finished speaking, Zhang's mother patted her knee heavily and scolded her husband.
"Oh, Lao Zhang, why are you so stupid? When will you not be able to leave the house? You can transfer the house at this time."
Father Zhang also sighed.
"How did I know that the woman had bad intentions..."
Both of them fell into deep self-blame.
"Dad, mom, don't be sad. The things are all caused by me. If she wants that house, I will give it to her. I will continue to work hard in the future."
When Zhang Wenwu saw his parents' sad and regretful look, he couldn't help it and took the initiative to ask.
"What stupid things are you saying? That house is worth at least 2 million yuan now. You have to give her 1 million yuan. Where can I raise so much money?"
Zhang's father immediately expressed his opposition that real estate speculation was his greatest achievement in his life. He also spent a lot of effort to buy a house in Hanhai City. Now, as housing prices soar day by day, this house will definitely be more valuable in the future, so how could he let go?
Moreover, his current assets are all in the house, and other houses are paying off their loans every month, and they can't afford 1 million in cash. Unless they sell all the houses in Ningtao City, that's about the same, but that's not something that can be done in a short period of time.
"That's right, I can't give it to her. This woman is so bad, I can't let her succeed."
Zhang's mother also responded angrily to her husband. She did not have as much calculating as her husband, but she expressed indignation for Luo Yunxiang's behavior of taking advantage of women.
"Why is the law so unfair?"
"We ordinary people, who are usually law-abiding, never do anything wrong, and we are the ones who suffer."
"Why can that woman get rid of our property with a marriage certificate? This is too much."
Facing Zhang's mother's question, Qin Zhenwei smiled helplessly and said:
"Our country's Marriage Law is a very progressive and internationally in line with the law. It is formulated strictly in accordance with the principle of equality between men and women. Unless both men and women have children during the marriage, in other cases, they usually dispose of the common property of husband and wife in a manner that is divided equally by men and women."
"But, we paid for the money in this house, and the woman didn't pay a penny. Isn't it equivalent to helping the woman grab the money? How can it be called equality?"
Zhang's mother raised objections incomprehensible, which is also the simple understanding of the law by ordinary people.
Qin Zhenwei should have seen similar scenes, so he explained slowly:
“Law equality is not the same concept as what we usually think of.”
"Legal equality usually refers to: groups that apply to the law equally enjoy rights and fulfill obligations, and are not treated differently based on factors such as identity, gender, age, etc. of the user group."
"Legal equality is formal equality and procedural equality, an equality in abstract principle that is universally applicable to all objects."
"The kind of equality we usually understand is to require different treatments to different objects in specific social affairs, emphasizing the relief and support of vulnerable groups in order to achieve the goal of overall social balance.
"This kind of equality is substantial equality, equality in the result, or in the words everyone can understand, it is called fairness."
"Fairness is the highest ideal for all legal practitioners, but it is also the most difficult goal to achieve in judicial practice."
Qin Zhenwei said verbally, as if he had also been aroused by the passion of the legal person, and said aloud:
"We can only work hard to find fairness under the framework of legal equality."
Although Qin Zhenwei explained it in detail, with Zhang’s father and mother’s knowledge level, they cannot truly understand the meaning of “equality and fairness”.
They were still arguing and complaining with each other.
"No matter how breaking the law is, we can protect our honest people, so why do we talk about equality?"
"The law is to be fair, unfair laws, isn't it bullying?"
...
Only Ren Pingsheng nodded secretly. Qin Zhenwei is indeed good at this, so he asked the lawyer right.
Chapter completed!