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Raising someone else’s child due to wife’s adultery, husband is compensated for damages

22-06-23 MTParners

This is the content of Judgment No. 04/2020/DS-ST dated May 28, 2021 of the People’s Court of Thanh Ba district, Phu Tho province. Specifically:

During the marriage with Mr. V, Ms. H went to trade and had an extramarital affair and got pregnant with someone else, giving birth to baby L.

The purpose of Mr. H’s marriage and having children was to benefit from emotional support and rely on his children when he was old. However, baby L was not blood-related to Mr. H but Mr. H had to raise baby L from birth in December 2015 to March 2020, which is 4 years and 3 months (51 months).

The material and mental damage of Mr. V is naturally recognized by everyone in society, so Ms. H must be obliged to compensate.

On the basis of compensation: In addition to the basis according to Clause 1, Article 584 of the Civil Code, the court also applies the general provisions according to Article 3 of the Civil Code and Fairness according to the provisions of the Civil Code to oblige compensation. Article 6 of the Civil Code stipulates:

“2. In case it is impossible to apply the law by analogy as prescribed in Clause 1 of this Article, the basic principles of civil law prescribed in Article 3 of this Code, precedents, and fairness shall be applied.”

Therefore, the person causing the damage (Ms. H) must be responsible for compensation in accordance with the general provisions of the law and for fairness.

In conclusion, the court ordered Ms. H to compensate Mr. V a total of 96,970,000 VND.

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