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Chitchat Toto opened! This PRC Divorce Judge has a problem! Who Huat? or 50-50?

aw_bark_kark

Alfrescian
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http://news.sina.com.cn/s/wh/2017-02-11/doc-ifyameqr7426750.shtml



男子离婚前购买彩票 离婚后中奖前妻要求平分

2017年02月11日14:37 扬子晚报网

  原标题:男子离婚前购买彩票 离婚后中奖前妻要求一人一半

  前不久,苏州昆山一对夫妻离婚了。令他们没想到的是,离婚前丈夫黄某买的一张福利彩票在离婚两天后开奖了,黄某幸运中奖。前妻王某要求奖金一人一半。双方谈不拢,最终闹上了法庭。

  昆山法院认为,彩票奖金虽不属于夫妻共同财产,但王某也是彩票的共同出资人,故仍有权要求分割奖金。法官介绍,彩票本身并非财产,而是一种合同凭证,是彩民 购买彩票时,彩票发行中心与彩民签定的一个射幸合同的凭证。在射幸合同这种合同关系中,彩民能否获得一定的奖金是不确定的。彩民持有彩票这个权利凭证,享 有一种期待利益。在本案中,彩票是在王某和黄某夫妻关系存续期间购买,故应当认定彩票是以夫妻共同财产购买的,王某正是基于共同出资而与黄某同为射幸合同 的一方当事人。故彩票中奖后,王某和黄某自然就共同享有要求彩票中心支付相应奖金的权利,而不应由黄某独自享有。(记者璩介力)


Original title: Before the divorce, men buy a lottery After winning a divorce ex-wife asked one half

Not long ago, Kunshan, Suzhou, a couple divorced. So that they did not expect is that her husband before the divorce to buy a welfare lottery Hwang two days after the divorce lottery, and Hwang lucky winner. Wang asked his ex-wife bonus one and a half. The two sides could not agree, and ultimately trouble the court.

Kunshan court that the lottery bonus does not belong to the common property of husband and wife, but Wang is also a co-investor lottery, it is still entitled to split bonuses. Judge, the lottery itself is not property, but a contract certificate, Lottery is to buy lottery tickets, Lottery Center Lottery Lottery signed a contract signed with the certificate. In the contract of contract of fortune fortunately this kind of contract relation, the color person can obtain certain bonus is uncertain. Lottery lottery holders of this right certificate, enjoy a kind of expected benefits. In this case, the lottery is the relationship between husband and wife during the existence of Wang and Hwang to buy, it should be determined that the common lottery purchase is the husband and wife, Wang is based on co-financing and Hwang with the contract for the fortunate party. Therefore, after winning the lottery, Wang and Hwang naturally have the right to request the lottery center to pay the corresponding bonus, not by Hwang alone. (Reporter Qu-mediated force)
 
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