The Civil Code of the People's Republic of China is the first law named after the "Code" since the founding of the People's Republic of China, which is a milestone in the codification of the civil code. It is known as the "encyclopedia of social life", with food, clothing, housing, transportation, birth, old age, sickness and death, production and operation...... You can find the answer from it.
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1. Q: If the fetus has not yet been born and the father dies in a car accident, does the fetus have the right to inherit the father's estate?
A: The fetus has the right to inheritance.
Article 16 of the Civil Code of the People's Republic of China stipulates that if the protection of the interests of the fetus is involved, such as inheritance and acceptance of gifts, the fetus shall be deemed to have the capacity for civil rights. However, if the fetus is dead at the time of delivery, its capacity for civil rights does not exist ab initio.
Article 1155 stipulates that when the estate is divided, the share of the inheritance of the fetus shall be retained. If the fetus is dead at the time of delivery, the reserved share shall be handled in accordance with the legal inheritance.
2. Q: 13-year-old Xiaogang occasionally saw the payment password when his mother was shopping online, he used his mother's mobile phone to watch the live broadcast, and impulsively gave the anchor a reward of 80,000 yuan.
A: There is a legal basis for requesting the return of the tip.
Article 19 of the Civil Code of the People's Republic of China stipulates that minors over the age of eight are persons with limited capacity for civil conduct, and their legal representatives shall act as agents or with the consent and recognition of their legal representatives; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.
Article 145 stipulates that civil juristic acts carried out by persons with limited capacity for civil conduct that are purely beneficial or that are appropriate to their age, intelligence, or mental health status are valid; Other civil juristic acts carried out are effective after being consented to or retroactively recognized by the legally-designated representative.
The counterpart may urge the legally-designated representative to make a retrospective recognition within 30 days of receiving the notice. Where the legally-designated representative does not make an expression, it is viewed as a refusal to recognize. Before a civil juristic act is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.
3. Q: How to define the scope of relatives, close relatives and family members?
Answer: Article 1045 of the Civil Code of the People's Republic of China stipulates that relatives include spouses, blood relatives and in-laws. Spouses, parents, children, siblings, grandparents, grandchildren, and grandchildren are close relatives. Spouses, parents, children and other close relatives living together are family members.
4. Q: Xiaohua was abused by her father, and after her father was revoked by the court, is she obliged to continue to pay child support?
A: Yes.
Article 37 of the Civil Code of the People's Republic of China stipulates that parents, children, spouses, etc., who bear the child's support, alimony, and alimony expenses in accordance with the law, shall continue to perform their obligations after the people's court revokes their guardianship qualifications.
5. Q: Xiaofang was sexually assaulted when she was 12 years old, she later learned more legal knowledge, and wanted to sue for compensation when she was 20 years old, did the statute of limitations expire?
A: The statute of limitations for sexual assault of a minor begins when the victim reaches the age of 18.
Article 188 of the Civil Code of the People's Republic of China stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.
Article 191 of the Civil Code of the People's Republic of China stipulates that the statute of limitations for the right to claim damages for sexual assault by a minor shall be calculated from the date on which the victim reaches the age of 18.
6. Question: A 37-year-old single man has a criminal record of sexually assaulting a girl, can he adopt his daughter?
A: No, you cannot.
In order to further strengthen the protection of the interests of adoptees, the Civil Code of the People's Republic of China adds a provision to the conditions for adopters that "there is no record of violations or crimes that are not conducive to the healthy growth of the adoptee", and adds a provision that the civil affairs department shall conduct an adoption assessment in accordance with the law. In addition, Article 1102 of the Civil Code of the People's Republic of China stipulates that if a person without a spouse adopts a child of the opposite sex, the age difference between the adopter and the adoptee shall be more than 40 years.
7. Question: Xiao Zhao's girlfriend suffers from a serious illness, but has been hiding it from Xiao Zhao, after marriage, Xiao Zhao found out, can he ask for a divorce?
A: You can apply to the court to annul the marriage.
Article 1053 of the Civil Code of the People's Republic of China stipulates that if one party suffers from a serious illness, he or she shall truthfully inform the other party before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage. A request for annulment of marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known.
8. Q: If a couple already has children, can they adopt them again?
A: If the conditions for adoption are met, an adopter with children can only adopt one child, and if an orphan, a disabled minor or a minor raised by a child welfare institution cannot find the biological parents, there is no restriction on whether there are children.
Article 1098 of the Civil Code of the People's Republic of China stipulates that an adopter shall meet the following conditions at the same time:
(1) Have no children or only one child;
(2) Have the ability to raise, educate, and protect adoptees;
(3) They do not suffer from a disease that is medically deemed unsuitable for adoption;
(4) There is no record of violations or crimes that are detrimental to the adoptee's healthy growth;
(5) Be at least 30 years old.
Article 1110 provides that an adopter without children may adopt two children; Adopters with children can only adopt one child.
Minors who adopt orphans or disabled minors, or minors raised by child welfare establishments whose biological parents cannot be found, may be exempted from the restrictions provided for in the preceding paragraph and the first paragraph of article 1098 of this Law.
9. Question: A husband and wife quarrel over trivial matters, and both of them file for divorce, so they go to the Civil Affairs Bureau together to handle it, how to avoid impulsive divorce?
Answer: Article 1077 of the Civil Code of the People's Republic of China stipulates that within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
10. Q: After the court decides that the divorce is not allowed, if one party still cannot recover the feelings of the other party, the two parties are separated, and one party sues for divorce again, will the court grant it?
A: If the parties have been separated for another year, the court shall grant the divorce.
Article 1079 of the Civil Code of the People's Republic of China stipulates that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
Source: Ministry of Justice
Editor-in-charge: Yang Yiman
Honghe State Rong Media Center
Legal Counsel: Yunnan Lingyun (Honghe) Law Firm
Phone: 0873-3990877
Address: 3rd floor shop, No. 301, Building 2, Fenghua Modern City Community, Mengzi City, Honghe Prefecture
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