【 Case 】 Ma and Zhuang are a married couple. Once, Ma discovered that her husband Zhuang had given a huge sum of money to a broadcaster Chen. After further investigation, Ma found that her husband and Chen had added WeChat and had many ambiguous conversations. In 9 months, the total amount of donations was over 200000 yuan. In May 2023, Ma and Zhuang divorced. Afterwards, Ma sued Chen and added Zhuang as a third party. She proposed that Zhuang, without the plaintiff's consent, privately gifted large amounts of property to others during the existence of the marriage relationship, which violated public order and good customs and should be deemed invalid according to law. After trial, the court found that after Chen and Zhuang added WeChat, they repeatedly mentioned ambiguous words in their chat, and also sent their private photos, videos, etc. to Zhuang. Zhuang also transferred special amounts such as "5200" to Chen through WeChat. The court believes that Chen's behavior has clearly exceeded the scope of normal online live streaming behavior and violated public order and good customs. Therefore, after deducting some reasonable payment amounts and platform service fees, the defendant's behavior of tipping and transferring funds should be deemed invalid. According to the Civil Code, civil legal acts that violate public order and good customs are invalid. The judge introduced that normal online entertainment live streaming provides viewers with certain appreciation value, and it should be recognized that both parties have established a normal online service contract. However, if there is evidence to prove that the anchor has engaged in vulgar inducement, or that there is an improper relationship between the two parties that violates public order and good customs, the reward may be deemed invalid, and the anchor's income may also be required to be returned. The judge explained that there are also legal provisions for disputes arising between spouses. According to Judicial Interpretation (II) of the Marriage and Family Code of the Civil Code, if one spouse, without the consent of the other, uses the common property of the couple as a reward on an online live streaming platform, and the amount significantly exceeds their family's general consumption level, seriously damaging the interests of the common property of the couple, it can be recognized as "extravagance" as stipulated in Articles 1066 and 1092 of the Civil Code. At this time, if the other party requests to divide the joint property of the husband and wife during the existence of the marital relationship, or requests to divide the joint property of the husband and wife less or less than the reward given to one party during divorce, the people's court shall support it. Live streaming tipping is a great way to encourage authors to create high-quality content. Netizens should consume rationally and work together to make the space for various live streaming chaos smaller and smaller. (New Society)
Edit:Ou Xiaoling Responsible editor:Shu Hua
Source:People Net
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