"&Nbsp, Third Party" Rights And Interests To Be Protected?

[clause]

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[interpretation]

Li Kexin, a doctor of law at Renmin University of China, says this provision helps to curb extramarital affairs.

"The compensation costs for the third party, whether paid or unpaid, will not be dealt with by the court unless it damages the right to dispose of the common property between the husband and wife."

"Of course, the clause also does not completely deprive the third party of the right to compensation."

Zhang Xian lawyer analysis said that if a party has paid the compensation to the "third party" and then regretted to take it back, the court will not support it either.

Some people think that this is encouraging the "third party".

In this regard, Tang Quanzhou, a lawyer in Guangdong, explained that in order to terminate the cohabitation relationship, the property compensation is an effective contractual relationship, and if it goes back, the court will certainly not support it.

"At the same time, the draft is very clear: when a legal marriage party sues for the purpose of violating the common property of the husband and wife, the court shall decide in accordance with the law."

[suggestion]

"The clause protects the interests of the" third party ", which is still more obvious, weakening the rights of the spouses.

Wu Changzhen, a marriage jurist, said that the "third party" would try to put the property first under his name, and spouses would probably not prosecute for the return of property for the sake of preserving their marriage.

Experts said that the parties should thoroughly understand the legal provisions and protect themselves according to the specific circumstances.