近日,最高人民检察院发布第二批检察机关贯彻实施民法典典型案例。其中一起案例引起广泛关注,一名男子给婚外情对象转账,检察机关通过抗诉监督,成功引导全额返还赠与款,维护了婚姻家庭的合法权益。
该案例中,男子在婚姻存续期间与婚外情对象保持不正当关系,并多次转账给对方。检察机关在审查案件时,认为这种行为严重损害了婚姻家庭的稳定,遂依法提出抗诉。经过检察机关的监督,法院最终判决男子赠与婚外情对象的款项应全额返还。
此案的办理,体现了检察机关对民法典精神的深入贯彻,对第三者插足婚姻并从中牟利行为给予否定评判,旨在引导社会公众树立良好的家德家风。检察机关通过行使抗诉权,有力地震慑和打击了破坏婚姻家庭的行为,彰显了法治权威。
Title: Procuratorial supervision leads to full refund of gifts in extramarital affair case
Keywords: Extramarital affair, Transfer, Procuratorial supervision, Family values
News content:
Recently, the Supreme People’s Procuratorate released the second batch of typical cases of implementing the Civil Code. Among them, a case involving a man transferring money to his mistress has attracted widespread attention. Through procuratorial supervision, the procuratorate successfully guided the full refund of the gifted amount, safeguarding the legitimate rights and interests of the marriage family.
In this case, the man maintained an illicit relationship with a mistress outside of his marriage and transferred money to her multiple times. During the review of the case, the procuratorial organs believed that this behavior seriously damaged the stability of the marriage family and proposed an appeal. After the supervision of the procuratorial organs, the court finally ruled that the man’s gift to his mistress should be fully refunded.
The handling of this case reflects the thorough implementation of the spirit of the Civil Code by the procuratorial organs, giving a negative evaluation to the behavior of third parties intervening in marriages and profiting from them. The aim is to guide the public to establish good family values. By exercising the right of appeal, the procuratorial organs have effectively deterred and cracked down on behaviors that undermine marriage families, demonstrating the authority of the rule of law.
【来源】http://www.chinanews.com/sh/2024/02-08/10161366.shtml
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