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【Preface】
The 28-year misplaced life series of cases continues to attract attention, and continues to derive cases within the case, surrounding the dislocation of 28 years of life, two families, a hospital, and multiple parties involved.
Because of the bizarre circumstances of the case, even the author of the novel will not write about this, and the legislators did not foresee such a thing when legislating, so that there are more or less gaps in the law, so that the series of cases is sometimes not very clear in the law and is prone to controversy. In this series of cases, the intersection of love, reason and law tests the wisdom of lawyers and adjudicators on both sides.
It is precisely because the plot of this case is more complex and bizarre, and even many legal "gaps" have appeared, and in these cases, some are destined to be written into law textbooks and become classic teaching cases in law schools. Therefore, it is of great practical significance to discuss and study these cases, whether in academic and judicial practice, or in the popularization of law to the public.
This article sorts out the difficult legal issues involved in the series of cases, in order to cause unnecessary controversy, at the beginning of the chapter, the author also specifically states that this article is not intended to be involved in the war of words between all parties, does not preset any position, completely remains neutral, according to the information publicly disclosed on the Internet, from a purely professional academic point of view, only as a personal academic point of view, does not constitute any legal opinion, and does not represent the result of the adjudication.
Let's take a look at which of these cases may be written in law school textbooks:
<h1 class="pgc-h-center-line" data-track="7" can Xu Min and his wife inherit Yao Ce's inheritance >? </h1>
This is just a hypothesis, and there have been no public reports of Xu Min and his wife asking to inherit Yao Ce's estate. However, from the perspective of popularizing law and academic research, this issue is worth exploring, and it also has the typical significance of being written into textbooks.
So let's discuss Yao Ce's inheritance?
1. Does Yao Ce have an inheritance?
Legally, inheritance refers to the lawful property of a natural person at the time of his death. Discuss whether Yao Ce has an inheritance, that is, to see whether he has legal property at the time of his death. Generally speaking, property includes movable property and immovable property, in real life, movable property may be the most common is deposits and vehicles, real estate is common is real estate, of which real estate and vehicles and other movable property of relatively large value, its ownership is registered as a publicity requirement.
Judging from public information, there may be a dispute over whether it belongs to Yao Ce's inheritance in the following two places: one is Jiujiang Real Estate; the other is the 200,000 yuan of mental damage compensation compensated by the hospital involved in the case.
(1) Is Jiujiang Real Estate Yao Ce's legacy?
Regarding the dispute over Yao Ce's inheritance, the biggest controversy should be whether this property in Jiujiang is Yao Ce's legacy.
According to public information, the property is registered in the name of Yao Ce, according to the provisions of the previous Property Law and the current Civil Code, the right to immovable property implements a registration and publicity system, under normal circumstances, who registers in the name, who enjoys ownership. Therefore, in the absence of the revocation of the real estate property right certificate, Yao Ce is the legal owner. However, according to the relevant provisions of the marriage law, whether this suite is Yao Ce's personal property or the joint property of the husband and wife depends on the specific circumstances:
If the property was purchased by Yao Ce before marriage and registered in the name of a person, and paid in full before marriage, it belongs to Yao Ce's personal property and is not the joint property of husband and wife;
If the down payment is made before marriage and there is a joint repayment after marriage, the real estate belongs to Yao Ce, but the repayment of the loan after marriage and its corresponding appreciation part belong to the joint property of the husband and wife;
If it is fully funded by Xu Min and his wife after marriage and is only registered in Yao Ce's name, the property should belong to Yao Ce's personal property and not be regarded as the joint property of the husband and wife.
There is also a situation where Yao Ce and his wife make a special agreement on the ownership of the property by way of agreement, the ownership of the property may also be handled according to the agreement between the husband and wife, and theoretically does not exclude the possibility that the agreement is personally owned by his wife.
In short, the property will be owned in whole or in part by Yao Ce, depending on the circumstances, and in the event of his death, it belongs to his share and belongs to his estate. Of course, judging from public reports, Xu Min and his wife have sued for the return of the property, and if they win the case, such as the court determines that the case belongs to the donated real estate and decides to revoke the property gift, or determines that the unjust enrichment judgment returns the property, then the form of judgment confirms that the property does not belong to the legal property at the time of Yao Ce's death, and naturally does not belong to Yao Ce's estate.
(2) The compensation obtained by Yao Ce in winning the lawsuit against the hospital is not his inheritance?
Public information shows that Yao Ce and his parents sued the hospital for a lawsuit has made an effective judgment, including actual loss costs such as medical expenses, but also including consolation payments for mental damage, etc. Among these compensation payments, the actual expenses such as medical expenses should be enjoyed by the person who actually paid the medical expenses, and the public information shows that Yao Ce himself should not have paid the medical expenses, so the medical expenses part does not belong to Yao Ce, and naturally does not belong to his inheritance.
The 200,000 yuan of consolation money for moral damage awarded to Yao Ce by judgment (or mediation) should belong to Yao Ce's legal property, but according to the Civil Code and the previous Marriage Law, the compensation or compensation received by one party due to personal injury belongs to the personal property of one party, and because Yao Ce died not long after winning the lawsuit, the normal judgment should not have used the money. Therefore, in the absence of special agreement, the consolation payment for mental damage should be regarded as the personal legal property at the time of Yao Ce's death and should be treated as his estate.
2. If Yao Ce has an inheritance, how should he deal with it?
(1) First of all, the heirs need to repay Yao Ce's living debts within the scope of the inheritance, and it is popularly understood that even if Yao Cesheng has an inheritance, if his debts are equal to or greater than his inheritance, the heirs have no inheritance to inherit at all
Yao Ce's debts before his death can come from the following aspects:
Yao Ce suffered from cancer before his death, and the cost of treatment was not cheap, coupled with family expenses, so the possibility of debt was also very high;
If Jiujiang Real Estate still has a mortgage outstanding, the part of the mortgage shall also bear all or part of the debt repayment obligation according to its share of the real estate;
It is not excluded that the capital contribution of Xu Min and his wife to buy a house for Yao Ce is recognized as a loan, nor does it rule out that the act of Xu Min and his wife funding the purchase of a house for Yao Ce is recognized as a gift of house purchase money instead of a gift of real estate, if it is a gift to buy a house, assuming that the revocation of the gift is supported, then Yao Ce has the obligation to return the capital contribution, which should be regarded as his living debt.
If the above debts are established, even if it is assumed that the property is identified as Yao Ce's property, according to the law, the heirs also need to repay Yao Ce's debts within the scope of the inheritance, such as the court determines that the house belongs to Yao Ce's estate, and also determines that the purchase price is given by Xu Min and his wife and supports the revocation of the gift, then the property is inherited by the heirs, but the heirs need to bear the obligation to return the purchase price.
(2) Second, if Yao Ce has an inheritance and its value is greater than the debt, can Xu Min and his wife share part of the inheritance?
If Yao Ce has an inheritance to inherit, according to Chinese law, after the inheritance begins, if there is a bequest maintenance agreement, it will be handled according to the agreement first; if there is no bequest maintenance agreement but there is a will (including a bequest, the same below), it will be treated according to the will, of course, the agreement or will must be legal and valid as the premise.
When Yao Ce did not have a bequest maintenance agreement or will before his death, or when the agreement and will were found to be invalid or revoked, the inheritance was determined to be handled according to law. In legal succession, spouses, parents and children are the first order of legal inheritance; grandparents, maternal grandparents, brothers and sisters are the second order of legal heirs. When there is a first-order heir, the heirs of the first order inherit on average, and the heirs of the second order do not inherit.
Obviously, when Yao Ce has an estate and its value exceeds the debt, if he does not have a will or the will is invalid, then it will be inherited by his parents, wife and children. The "parents" here include the birth parents, the adoptive parents and the step-parents who have formed a relationship of support, of course, in law, if the relationship between the adoptive parents and children is established, the relationship of rights and obligations between the biological parents and children terminates.
In this case, in the previous series of articles, we have analyzed that although the folk custom is to call Yao Ce the adopted son of Mr. and Mrs. Xu and Mr. Guo Wei the adopted son of Mr. and Mrs. Du, the basis for legally determining the adoption relationship is not sufficient. Therefore, in this case, assuming that there is indeed a legal inheritance, Xu Min and his wife advocate that their adoptive parents inherit Yao Ce's estate, and it is unlikely that they will receive support.
However, Article 1131 of the Civil Code of China stipulates (there are similar provisions in the previous inheritance law):
A person other than the heir who depends on the heir for support, or a person other than the heir who has more support for the heir, may be given an appropriate inheritance.
Xu Min and his wife raised Yao Ce and paid a huge material and spiritual price for Yao Ce's treatment, and Xu Min was ready to cut the liver to save his son, and the fact that they had more support for Yao Ce was obvious to all and well-known, according to the above-mentioned civil code, they could be the heirs who supported Yao Ce more, and they could share the appropriate inheritance. As to how much is appropriate, it may be determined by the judge after comprehensive consideration based on the actual situation.
III. Conclusion
In fact, the practical significance of this article is not there, but more is the value of popularizing the law. Because, judging from public information, Yao Ce may not have an inheritance to inherit, or even if he has an inheritance, the debts he owes have exceeded the value of the inheritance and have long been "insolvent", but behind this case, there are extremely rich legal knowledge points, which is a typical case of great legal value and significance.
Therefore, this article is only a brick and arrow, and rational discussion is welcome.
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