qdnto15z
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Posted: Wed 10:58, 04 Sep 2013 Post subject: thirteenth stipulates |
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The
report from our correspondent (reporter Wang Qiang correspondent Jiang Jinlian Lu Qiu) "have old sent" is also the children of parents should refuse to undertake the obligations of filial piety, filial children should be condemned. Today the Haidian court said, recently concluded in succession cases, for own daughter to parents not to legal obligation to support, court final judgment daughter cannot inherit.
accused Liu is the plaintiff Ms. Wu and Mr. Liu's daughter. Mr. Liu died, Ms Wu daughter to court, according to segmentation Mr. Liu's heritage, and said his daughter Liu fail to support them, the daughter should not property.
The
judge in the trial process to understand, Liu and his wife Wu to live separately, usually by the son to take care of life. So Liu's body is not good, often get sick,[link widoczny dla zalogowanych], ill son, daughter-in-law were cared for by his daughter, Liu never went to visit, contact with parents. Mr. Liu and Ms. Wu has published posters in the newspaper, hope Liu home have a look my father, but not until Mr. Liu died the moment could not see her daughter.
Liu said this she knew his father is ill in hospital things,[link widoczny dla zalogowanych], but do not know his father in the hospital ward, hospital and, unable to visit his father. When his father died, she was not there, also did not attend the funeral, the funeral was later to hear people say.
Liu's action let Ms Wu was very sad, so Ms. Wu urged the court not to the legacy Mr. Liu for liu.
court think, Liu is not the father to do as a daughter should maintenance obligations,[link widoczny dla zalogowanych], if the usual care of father,[link widoczny dla zalogowanych], should know father is ill in hospital,[link widoczny dla zalogowanych], death. According to court the facts ascertained, Liu Mou does not know his father in the hospital ward, hospital and, even my father's funeral is then listen to what others say, thus Liu not to maintenance obligations, to be indifferent to his father. Liu not duty behavior, if the circumstances are serious, not only in violation of the relevant provisions of the law, but also against the traditional virtues of the Chinese nation and social ethics, so the court found that Mr. Liu for Liu to leave a legacy, shall not.
Judge
is introduced, in accordance with the "PRC law of succession" provisions of article seventh,[link widoczny dla zalogowanych], the heir to four kinds of circumstances can the loss of inheritance, including "abandoned the decedent, or abuse the decedent serious". "Inheritance Law" thirteenth stipulates,[link widoczny dla zalogowanych], "the same share of inheritance in order shall, in general be equal", but "on the main successor to do his duty or live together with the heirs of the heirs, at the time of distributing the estate,[link widoczny dla zalogowanych], can divide", and "have the ability to support and maintenance conditions of the successor,[link widoczny dla zalogowanych], not support obligation, at the time of distributing the estate, should not or less". This support includes support.
so,[link widoczny dla zalogowanych], Mr. Liu after the death of his wife, Ms. Wu can inherit half of the joint property of husband and wife, the other half can be inherited by Ms Wu and his son,[link widoczny dla zalogowanych], daughter and segmentation. Segmentation principle should be, usually take care of father more more points,[link widoczny dla zalogowanych], the father asked the support does not support should be >
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