The younger brother paid 170,000 yuan in medical expenses to rescue his brother. After his brother recovered, his sister-in-law refused to repay the money…

2022-06-02 0 By

All say that a friend in need is a friend indeed brother had a stroke sister-in-law refused to pay the medical expenses finally brother stood up to pay 170 thousand yuan of medical expenses but brother did not expect is sister-in-law did not intend to return the money brother’s medical expenses by who?Li mou (male) and Wang Mou (female) department remarried husband and wife, did not bear children, Li Xiaomou department Li Mou brother.In November 2020, the elder brother Li was in a coma due to sudden cerebral haemorrhage, and the initial cost of his hospitalization was paid by his wife Wang. After a period of treatment, his wife Wang did not agree to sign on the operation sheet, and refused to pay the medical expenses.To this end, the younger brother Li Xiaomou advanced part of the medical and nursing costs of about 170,000 yuan.After paying the relevant expenses, Li Xiaomou contacted his sister-in-law Wang repeatedly by phone, wechat and SMS, but the two sides failed to reach an agreement on the issue of bearing the relevant expenses.Younger brother Li xiaomou then appealed to the court, the elder brother and sister-in-law to return its advance to pay the cost.Wang argued that Li Xiaomou as Li Mou’s younger brother, voluntary assistance Li mou, do not agree to return the relevant fees.Qinhuai District People’s Court in Nanjing city, Jiangsu province, considers that there is the obligation to support each other between husband and wife, and the debt borne by one party of husband and wife for medical treatment is the debt of husband and wife together.In this case, the elder brother Li mou sick hospital expenses should be paid by Li, Wang couple together, now the younger brother Li Xiaomou advance paid part of the cost, suing brother and sister-in-law to return to the legal basis, should support.Although Lee is lee s brother, he helped his brother pay for his medical expenses and participated in his hospitalization, which is a brotherly feeling but not a legal obligation.In view of the compensation amount of 170,000 yuan in the appeal of the younger brother Li Xiaomou includes the aspect of human contact, so the court comprehensively determined that the elder brother Li and sister-in-law Wang mou jointly repay 147,000 yuan to the younger brother Li Xiaomou.None of the defendants appealed after the first-instance verdict.What the judge said:Between husband and wife this duty between husband and wife of this duty is the important content of the spouse right contains, spouse identity based on the material and the life of husband and wife should help each other, mutual support, as well as mentally support each other, comfort each other, support each other when they encounter a crisis and mutual aid, this obligation belongs to the legal obligation, must consciously perform unconditionally.Debts incurred by hospitalization due to illness belong to common debts of husband and wife and should be jointly repaid externally.In this case, Li mou and Wang Mou are legal husband and wife, the maintenance duty between husband and wife belongs to the maintenance duty of life, different from the maintenance duty between other relatives, regardless of whether the obligatory life is rich, must do their best to perform.Although Li Xiaomou and Li Mou are brothers, but have grown up and their respective family, independent life, the two sides can not set the obligation to support.Brother Li Xiaomou based on brotherhood, advance related expenses, rescue life of the dying brother, in line with social morality, its behavior should be given affirmation and support.Article 1059 of the Civil Code stipulates that husband and wife have the duty to maintain each other.The party in need of maintenance shall have the right to demand maintenance payments from the other party if the other party fails to perform the maintenance obligation.Article 979 of the Civil Code stipulates that if an administrator has no statutory or agreed obligation to manage the affairs of others in order to avoid the loss of others’ interests, he may request the beneficiary to reimburse the necessary expenses incurred by the management of the affairs.The administrator may request the beneficiary to make appropriate compensation for any loss caused by the management affairs.If the management affairs do not conform to the true intention of the beneficiary, the administrator shall not enjoy the rights prescribed in the preceding paragraph;However, the exception shall be made if the true intention of the beneficiary violates the law or public order and good customs.Nanjing Intermediate People’s Court