Daily "code" | Is your cousin your close relative?

Old Li had never been married in his life, nor had he ever had children. Old Li's parents only gave birth to one child, and the second old man died of a serious illness when Old Li was 10 years old. Old Li has a cousin, the cousin usually helps Old Li a lot, and Old Li relies on his cousin to help take care of him during his illness. One day, Old Li was taken to the hospital due to a car accident injury coma, and his cousin wanted to sign the "surgical consent form", but the hospital did not approve it. May I ask, does this cousin belong to Lao Li's close relatives?

Range of close relatives

Article 1045 of the Civil Code Relatives include spouses, blood relatives and in-laws.

Spouses, parents, children, siblings, grandparents, maternal grandparents, grandchildren and grandchildren are close relatives.

Spouses, parents, children and other close relatives living together are family members.

Interpretation of the case

The close relatives provided for in the Civil Code, including spouses, parents, children, siblings, grandparents, maternal grandparents, grandchildren, grandchildren, i.e. collateral blood relatives and in-laws, are not covered by this scope. In other words, aunts, uncles, cousins, in-laws, daughters-in-law, and sons-in-law who have close contact in daily life are not close relatives within the meaning of the Civil Code.

The definition of close relatives involves the subject qualifications of civil activities such as agents and guardians, making relevant civil activities more certain. The application of close relatives is mainly reflected in the following aspects:

First, enjoy certain rights as a close relative. Article 726, paragraph 1, of the Civil Code stipulates: "Where a lessor sells a leased house, it shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the right of first refusal to purchase on the same terms, except where the co-owner exercises the right of first refusal to purchase the house according to the share or the lessor sells the house to his close relatives." ”

Second, close relatives exercise their rights in lieu of themselves. Article 994 of the Civil Code stipulates: "Where the name, likeness, reputation, honor, privacy, remains, etc. of the deceased are infringed upon, his spouse, children and parents have the right to request the perpetrator to bear civil liability in accordance with law; if the deceased has no spouse or children and the parents are dead, other close relatives have the right to request the perpetrator to bear civil liability in accordance with law."

Third, the rights and obligations of close relatives in diagnosis and treatment activities. In the chapter on medical damage liability for tort liability under Title VII of the Civil Code, "close relatives" appear more frequently, mainly involving informed consent to the patient's condition, medical measures and risks, as well as exemption clauses for non-cooperation with diagnosis and treatment.

Specific to this example, the cousin is not a close relative of Old Li. As a result, the cousin cannot exercise the rights of the above-mentioned close relative status. However, according to article 33 of the Civil Code, "an adult with full capacity for civil conduct may, in prior consultation with his close relatives, other individuals or organizations willing to serve as guardians, determine his guardian in writing, and when he loses or partially loses his or her capacity for civil conduct, the guardian shall perform the guardianship duties." "If Lao Li is worried that in the future, if he is seriously ill and delirious and causes his personal and property rights and interests to be unable to be protected by law, Lao Li may consult with his cousin and determine in writing that his cousin is his guardian when he loses or partially loses his capacity for civil conduct, and the cousin will perform guardianship duties."

Comprehensively compiled from the Lingshou County Justice Bureau and the network

Editor: Gui Faxuan