Transfer of ownership of the vessel
Risk prevention cases
Minors after inheritance
A typical case of KNOW ships
Case OverviewCase Analysis: Extension of Knowledge of Registration Authority
Case Overview
Zhang Moubin, the owner of the A ship, died of illness on a certain day in 2023 (in the case of intestate, bequest, bequest and maintenance agreement, property agreement agreement, etc.), and the first heirs in the legal inheritance are Zhang Moubin's father, mother, wife Yang, adult son Zhang Moubo, and 10-year-old daughter Zhang Mouqi. After notarization by a notary public, Zhang's father, mother, and adult son Zhang Moubo all gave up inheriting all of Zhang's Series A property rights. The A round was inherited by the decedent's wife Yang and 10-year-old daughter Zhang Mouqi. Yang wants to sell round A, and together with his daughter Zhang Mouqi, he and his daughter Zhang Mouqi should go to the ship registration authority to apply for cancellation of ship ownership registration procedures with the original and copy of the identity certificate, the original and copy of the household registration book, the copy of the buyer's identity certificate, the ownership of the ship, the nationality certificate (no bare lease and no mortgage for the A round), the sales contract, the handover certificate, the death certificate of Zhang Moubin, the declaration and notarial certificate of renunciation of inheritance rights of other first heirs, and the notarial certificate of inheritance of the A round by Yang and Zhang Mouqi. The ship registration authority believes that Zhang Mouqi, a minor, as one of the owners of the A-round property right ship, needs to further ensure the legality of the property rights transferred, so as to effectively protect the legitimate rights and interests of the minor, and informs him that he should further improve the relevant supporting materials in accordance with the requirements of the Civil Code of the People's Republic of China.
01Case Study
1. Regarding the inheritance of death and the acquisition of the ownership of round A by Yang and Zhang
Article 1123 of the Civil Code of the People's Republic of China stipulates: "After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. "In this case, the decedent Zhang Moubin did not have a will, bequest, bequest and maintenance agreement, and property agreement agreement during his lifetime, which should be handled in accordance with statutory inheritance.
Paragraph 1 of Article 1153 of the Civil Code of the People's Republic of China stipulates: "Unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the spouse's property and the rest shall be the inheritance of the decedent." The first paragraph of Article 1124 stipulates: "After the commencement of inheritance, if the heir renounces the inheritance, he shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance. According to the notarial certificate issued by the notary public, the A round is the joint property of the husband and wife during the marriage relationship between the decedent Zhang Moubin and his spouse Yang, and half of the property rights of the A round belong to Yang, and half is owned by the decedent Zhang Moubin, and it will be divided as an inheritance after his death. Due to the application of statutory inheritance in this case, the heirs of the decedent Zhang Moubin in the first order are 2 parents, 1 spouse, and 2 children, a total of 5 people. Among them, the decedent, Zhang Moubin's father, mother, and adult son all declared that they had renounced the right to inherit in the A round and notarized it in a notary public. The A round was finally inherited by Yang and Zhang Mouqi as an inheritance, and was notarized.
Article 36 of the Notarization Law of the People's Republic of China stipulates: "Notarized civil juristic acts, legally significant facts and documents shall be used as the basis for determining the facts, unless there is evidence to the contrary sufficient to overturn the notarization." Article 61, Paragraph 1 (3) of the Ship Registration Work Regulations stipulates that: "For ships acquired by inheritance, a legally effective certificate of ownership acquisition shall be submitted. "In this case, Zhang Moubin's death certificate, the declaration and notarial certificate of renunciation of inheritance rights by other first-in-line heirs, and the notarial certificate of Yang and Zhang Mouqi's inheritance of Series A can be used as proof documents for Yang and Zhang Mouqi to inherit and obtain the ownership of Series A.
2. About the A round of transfer
Article 19 of the Civil Code of the People's Republic of China stipulates: "Minors over the age of eight are persons with limited capacity for civil conduct, and their legal representatives shall act on their behalf or with the consent and recognition of their legal representatives in carrying out civil juristic acts; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence. Article 23 of the Civil Code of the People's Republic of China stipulates: "The guardian of a person who lacks or has limited capacity for civil conduct is his legal representative. Article 35 of the Civil Code of the People's Republic of China stipulates that paragraphs 1 and 2 provide: "A guardian shall perform guardianship duties in accordance with the principle of the best interests of the ward. Guardians must not dispose of the ward's property except to protect the ward's interests. When performing guardianship duties, the guardians of minors shall respect the true wishes of the wards on the basis of the ward's age and mental status when making decisions related to the ward's interests. ”
In this case, Zhang Mouqi is 10 years old and belongs to a person with limited capacity for civil conduct, and his mother Yang, as his guardian and legal representative, should ensure that Zhang Mouqi's legitimate rights and interests are safeguarded when transferring the A round jointly owned by him and his daughter Zhang Mouqi, and must not dispose of the A round except for protecting the interests of the ward, and should respect Zhang Mouqi's true wishes. The applicant did not issue this part of the supporting materials, and there are certain risks in the ship registration authority handling the relevant ship registration.
02 Recommendations for review by the ship registration authority
In view of the above analysis, it is recommended that the ship registration authority require the applicant to provide two more materials:
1. Yang needs to sign a letter of commitment or guarantee or statement, promising that the A round of external sales will not harm Zhang Mouqi's legitimate property interests, and the proceeds of the sale will be used for Zhang Mouqi's study, living and other expenses.
2. The ward, Zhang Mouqi, may sign the statement of the circumstances of agreeing to his mother Yang to sell Series A on his behalf, indicating his true will.
03 Knowledge extension
1. According to the provisions of Paragraph 2 of Article 18 of the Civil Code, minors over the age of 16 who rely on their own labor income as their main source of livelihood shall be regarded as persons with full capacity for civil conduct. If Zhang Mouqi is a minor over the age of 16 in this case, and there is evidence (such as notarized materials, etc.) to prove that his or her labor income is her main source of livelihood, she can independently carry out civil juristic acts.
2. In this case, Yang is Zhang Mouqi's mother and natural guardian. If the case is a guardian other than the parents who disposes of a ship owned by a minor, it is recommended that in addition to providing all the relevant supporting materials in the case, provide other relevant guardianship materials, such as legal documents designated by the people's court for guardianship, notarized materials for the guardianship of the ward, etc.
Source: Ship Registration Research Office
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