Are Empty Bed Fees Illegal? – Law In A Minute

The Case of the Midnight Run: Jack, Jill, and the Costly Curfew

In the picturesque tale of domestic bliss turned bedtime blunder, we meet Jack and Jill—not the hill-climbing duo, but a modern pair with matrimonial ties and a sprightly five-year-old sidekick. Jack, a whistle-blowing PE teacher by day, and Jill, a domestic engineer and full-time mini-Jill wrangler, found themselves at the crossroads of Matrimony Lane and Where-the-Heck-Is-He Avenue.

For months, Jack’s nocturnal escapades had become as common as dodgeballs in gym class. His excuses ran the gamut from “schmoozing with non-existent clients” to “pulling non-teaching all-nighters,” and even occasional sleepovers at a bro’s house—which, let’s face it, sounded as fishy as a synchronized swimming routine in a desert.

Jill’s eyebrows arched higher than a pole vaulter’s leap with each of Jack’s tall tales. After all, what clandestine clientele did a PE teacher entertain? And how much overtime could one accrue with a whistle and gym shorts? The domestic court was in session, and after a heated debate hotter than a high school locker room, a penalty clause was born: the “Empty Bed Fee” decree.

The terms were simple: if Jack wasn’t nestled in his sheets between the witching hours of midnight and 7 am, his wallet would lighten by 100 RMB per hour. A financial incentive to cuddle up or a marital misstep? Only time would tell.

Yet, old habits die hard, especially it seems for sneaker-footed PE teachers. Jack continued his after-hours excursions, racking up more debt than a student buying textbooks. Following another clash of wills, Jack’s hand was forced to pen an IOU, etching his 4000 RMB mea culpa into financial infamy.

But can this matrimonial mishap masquerading as a fiscal pact hold up in the court of law? Is the “Empty Bed Fee” legally enforceable, or is it as void as a gym class without a teacher?

Law In A Minute

For this narrative, allow me to elucidate the perspectives of both parties involved.

**Jill’s Perspective:**

The contract established between Jack and Jill is a mutual agreement between two equal civil entities, namely individuals, which adheres to the principles of lawful conduct. Consequently, they have forged a civil legal relationship. As per the tenets of civil law, what is not expressly forbidden by law is permitted. This accord does not transgress any statutes or administrative regulations, hence it is considered legitimate and enforceable, thereby carrying legal weight.

**Jack’s Perspective:**

On the other hand, the agreement regarding the “empty bed fee” that Jack and Jill have entered into can be categorized as a socially-based, non-legally binding arrangement. It represents an unintentional creation of legal rights and obligations, underpinned by moral conduct and aimed primarily at fostering their relationship.

A key trait of such a non-legally binding social interaction is the absence of any intent by either party to establish enforceable legal rights or duties. The essence of this agreement is simply to encourage Jack to return home punctually, with the ultimate goal of nurturing a more harmonious marital bond. The foundational purpose was not to impose legal liabilities on Jack, thus rendering the agreement non-binding by law.

To draw a parallel, consider the casual nature of a dinner invitation. One cannot reasonably take legal action against an individual for failing to fulfill a casual promise of a dinner and movie outing. Such social promises do not typically create legal obligations.

Legal Basis

Civil Code

Article 133

Civil legal acts are actions through which civil subjects establish, modify, or terminate civil legal relationships by expressing their intentions.

Article 1043

Families should establish good family traditions, promote family virtues, and pay attention to the construction of family civilization.

Spouses should be faithful, respectful, and loving to each other; family members should respect the elderly and love the young, help each other, and maintain equal, harmonious, and civilized marital and family relationships.

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