Rong Haien broke away from the relationship｜The lawyer points out that the newspaper only expresses the position, another method has more legal effect

Rong Haien, a member of the New People's Party Legislative Council, published a statement in the newspapers, breaking away from the "grandfather-in-law" relationship with the family member Yuan Gongyi.

I see this kind of disengagement statement from time to time in the newspapers, but does it actually have any legal effect?

Some people in the legal profession pointed out that such statements are mainly to express positions and have little actual legal effect, but if you really want to sever your relationship with someone, you can apply to the court.

Xiong Yunxin said that the purpose of the newspaper was to clearly express its position to the outside world.

(File photo/Photo by Wu Zhongkun)

The advertisements in the newspapers are only to express the position clearly to the outside world

Xiong Yunxin, the former president of the Law Society, said that in general, certain legal procedures are required to submit a statement, and "it doesn't take effect when you say it."

He said that by publishing advertisements in newspapers, it is only to express his position clearly to the outside world. If there is an incident involving the two people in the announcement in the future, he can express his position clearly.

Take a debt dispute as an example. For example, if someone owes a debt, another person makes a statement saying that he has nothing to do with that person, and expresses to the society that the relevant debt "is none of my business, please don't bother me".

However, Xiong Yunxin believes that the publication of the announcement will not change the legal status quo. If it is to be legally binding, court proceedings are required.

In fact, Yuan Gongyi and Rong Haien have a more indirect relationship. They are "the husband's father and the son's wife", and it is not enough to cut off the relationship with a single sentence.

Posted in the newspaper and Yuan Gongyi broke away from the "grandfather-in-law relationship" Rong Haien: In line with the country's righteous husband's understanding

In order to sever the legal relationship, the parties involved must apply to the court

Barrister Lu Weixiong believes that the statement of severing ties in the newspaper has little legal effect.

He said that the report is a unilateral expression of wishes to the society. If the relationship is to be legally severed, all parties involved need to apply to the court. For example, to terminate the marriage relationship, the court also needs to issue a divorce order.

The court will ask whether the parties involved agree to terminate the relationship and the reasons for the termination, but Lu Weixiong said that even if both parties agree, the court may not approve: "If the termination of the relationship involves major social interests, such as crime-related investigations, the court will not approve."

In addition, general interpersonal relationships may be more complicated than marriage relationships, involving multiple stakeholders. All stakeholders need to go to court to express their wishes before everyone agrees: "For example, if the relationship involves property distribution, brothers and sisters must agree."

Lu Weixiong said that if the continued relationship with someone needs legal effect, all parties involved must apply to the court and the court will issue an order.

(file picture)

The court has a basket of considerations including whether it is necessary

In addition, the court will also consider whether general action is sufficient to avoid conflict, and whether there is a need to actually sever the relationship.

"The relationship between mother-in-law and daughter-in-law is in conflict. Grandma and daughter-in-law do not meet to avoid conflict. The court will ask, 'Shimi must cut off the relationship?'" Lu Weixiong said, if the daughter-in-law and her husband have a harmonious relationship and do not want to divorce, the husband and his family have a good relationship, too. It is the daughter-in-law who is in conflict with her husband's family. "It's so complicated."

He said with a smile, "If it's easy to handle, the relationship between mother-in-law and daughter-in-law that has existed for thousands of years can be easily resolved!"

If the parties agree to terminate the relationship, and the court approves it after a basket of consideration, the court can issue an order to terminate the designated relationship, which has legal effect at this time.

The statement of the engineering company after the MIRROR accident is only a statement

Lu Weixiong also took the recent MIRROR concert crash as an example. The statement issued by the engineering company after the event was only the company's statement. If the police found that it was responsible after the investigation, the engineering company would not be able to escape the relationship: "So this statement is only for the company's statement. A statement that ultimately depends on the evidence of the case, or the court’s consideration based on each person’s wishes and actual circumstances.”

Newspapers and Yuan Gongyi broke away from the "grandfather-in-law relationship" Rong Haien: In line with the country's righteousness, the husband understands the old man Yuan Gongyi, who was reprimanded by the Security Bureau for violating the National Security Law.