If the woman's claim cannot be established, according to the second paragraph of Article 22 of the Marriage Law,
After the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be regarded as a gift to both husband and wife, unless the parents explicitly express that it is a gift to one party.
Therefore, only according to the property registration, one-third of the property belongs to the husband and wife, and the woman can only claim one-sixth of the rights.
2 1997, Zhang and Wang met and fell in love. At that time, Zhang was still under 20 years old. In order to marry him, Zhang forged his age certificate and defrauded the marriage certificate of the civil affairs department. Shortly after the marriage, Zhang couldn't stand some behaviors of Wang and wanted to divorce in court. Should the court decide Zhang's divorce? Divide the king's property
It depends. If Zhang reached the age of 20 the year before filing divorce proceedings, he can decide to divorce. If he has not reached the legal age for marriage, the marriage is invalid and there is no need for divorce. According to Article 8 of the Interpretation of Marriage Law, if a party applies to the people's court for annulment of marriage according to Article 10 of the Marriage Law, and the legally invalid marriage situation has disappeared at the time of application, the people's court will not support it.
Ask for the division of the king's property. If the marriage is valid, it can be divided according to the same property of the marriage. If it is invalid, the marriage shall be declared invalid or revoked according to Article 15 of the Marriage Law, and the property acquired by the parties during cohabitation shall be treated as the same property. Unless there is evidence that it is owned by one party. Dispose of property.
3 Xie Mou (male), 19 years old, unemployed. Idling around all day makes trouble. One day, he had an argument with Chen Mou, and then he started hitting people. Chen Mou was slightly injured. Spent more than 300 yuan on medical expenses, hospitalization expenses and transportation expenses. Later, claiming compensation from Xie's parents was rejected. Helpless, to the people's court.
Q: Are Xie's parents legally liable for the damage caused by Xie? Why?
Xie's parents have no obligation to compensate for the damage caused by Xie. According to Article 23 of the Marriage Law, parents have the right and obligation to protect and educate their minor children. When minor children cause damage to the state, the collective or others, parents have the obligation to bear civil liability. However, according to the interpretation of Article 16 1 in the General Principles of the Civil Law, the actor was under 18 years old at the time of the infringement, and was over 18 years old at the time of the lawsuit, and he should bear civil liability if he has the financial capacity; If the actor has no financial ability, the original guardian shall bear civil liability. If the actor has reached the age of 18 when causing damage to others, he shall bear civil liability; If there is no economic income, it will be paid by the supporter; If it is difficult to pay in advance, it may also decide or mediate the deferred payment.
When WAS was 5 years old, his father died and his mother gave him up for adoption. After that, the relationship between the two sides deteriorated and the agreement was lifted. A contracted a pig farm at the age of 25, and the business was booming. After his adoptive relationship was dissolved, his biological mother repeatedly asked to restore the mother-child relationship, but A always refused. On his 28th birthday, A drank too much and couldn't control himself. He died in a traffic accident. Mother a advocates inheriting a's inheritance. But was rejected by others.
Q: Can A's biological mother inherit his inheritance and briefly explain why?
A's biological mother can't inherit his inheritance. After the adoption relationship is dissolved according to Article 29 of the Adoption Law, the rights and obligations between the adopted child and the adoptive parents and other close relatives are eliminated, and the rights and obligations between the adopted child and the biological parents and other close relatives are automatically restored. However, whether the rights and obligations between adult adopted children and their biological parents and other close relatives are restored can be determined through consultation. But in this case, A has never agreed to resume the relationship with his parents. So there is no relationship, and A's biological mother has no inheritance right.
After a period of love, Zhang Qing (male) and Lili (female) began to live together as husband and wife from 200 1, when Zhang Qing was 25 years old and Lili was 23 years old. People around you think they are husband and wife. On June 8th, 2004, Zhang Qing died of acute disease. When Li Li asked to inherit Zhang Qing's inheritance, she was rejected by Zhang Qing's family. They think: Zhang Qing and Lili didn't go through the marriage registration formalities, which is not a legal relationship between husband and wife, so Lili, as a wife, has no right to inherit Zhang Qing's inheritance.
Q: Li Jicheng's legacy, please briefly explain the reasons.
Li can't inherit as a wife. According to the provisions of Article 5 of the Marriage Law, men and women who have not registered their marriage according to the provisions of Article 8 of the Marriage Law and live together in the name of husband and wife shall be treated differently if they file a lawsuit in the people's court for divorce:
(1)1February 19941Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs, if both men and women have met the substantive conditions for marriage, they shall be treated as de facto marriages.
(2) After the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs in February 1994, if both men and women meet the necessary conditions for marriage, the people's court shall inform them to re-register their marriage before accepting the case; If the marriage registration is not handled, it shall be handled as dissolution of cohabitation.
Article 6 If one of the men and women living together in the name of husband and wife dies and the other spouse claims the right of inheritance as stipulated in Article 8 of the Marriage Law, it shall be handled according to the principle of Article 5 of this Interpretation.
In this case, their marriage is invalid, so they have no inheritance rights.
6 Peng Shaogang and Luo Hong are cousins, childhood friends, and they have no guesses. When they grew up, they had a love affair. Although both parents strongly oppose it, one does not marry and the other does not. In July of 200 1 year, Peng Zhenggang graduated from university and went to work in a city in the south. 200 1, 10, Luo Hong went to the city, and both parties registered to get married. They hid their true kinship from the marriage registry and defrauded the marriage certificate. On the eve of the Spring Festival in 2002, Luo and Peng both returned to their hometown and announced to their relatives and friends that they had registered to get married. Luo and Peng's parents, especially their mothers, are worried about serious consequences. In desperation, she went to consult with lawyer Li. Lawyer Li advised the mother not to worry. She can apply for annulment of the marriage between Luo Hong and Peng Zhenggang according to law. In addition, after Luo and Peng got married, they had a deposit of 20,000 yuan.
Answer the following questions according to the above cases, and briefly explain the reasons:
(1) Is Lawyer Li's point of view correct?
(2) How to divide the property?
(1) Lawyer Li's point of view is correct. Article 7 of the Interpretation of Marriage Law has the right to apply to the people's court for the cancellation of a registered marriage, including the parties to the marriage and interested parties. Stakeholders include:
(1) Those who apply for annulment of marriage on the grounds of bigamy shall be the close relatives and grassroots organizations of the parties concerned.
(2) A person who applies for annulment of a marriage on the grounds that he has not reached the legal age for marriage is a close relative of the person who has not reached the legal age for marriage.
(3) A person who applies for annulment of a marriage on the grounds that there is a kinship that prohibits marriage is a close relative of the party concerned.
(4) Those who apply for annulment of marriage on the grounds that they suffered from diseases that are medically considered unsuitable for marriage before marriage and were not cured after marriage are close relatives who live together with the sick. The third item points out that Luo Hong's mother can apply for the cancellation of marriage as an intimate relationship.
(2) A marriage that is invalid or revoked according to Article 12 of the Marriage Law shall be invalid from the beginning. The parties do not have the rights and obligations of husband and wife. Property acquired during cohabitation shall be handled by the parties through agreement; If the agreement fails, the people's court shall make a judgment according to the principle of taking care of the innocent party. Article 15 If a marriage is declared null and void or revoked, the property acquired by the parties during cohabitation shall be regarded as * * * and * * *. Unless there is evidence that it is owned by one party. Therefore, the property in this case should be owned by both parties and should be agreed by both parties. If the agreement fails, the court will decide.
7 Jiang He had a good impression on each other during his reading of Da Ai. After falling in love for a period of time after graduation, he got married on 1986. After marriage, the husband and wife love each other and have harmonious feelings. However, due to the inability to have children after marriage, Jiang especially wanted to have a child, which greatly affected the relationship between husband and wife. Jiang had thought of divorce many times, but he gave up because he was worried that his career would be affected. 1August, 997, Jiang, who is full of mature male charm, met young, beautiful and considerate Song by chance, and they fell in love. In April, 1998, I learned about this and persuaded Jiang to change her mind. Jiang simply filed for divorce and filed a lawsuit in court. Because Wang Xiuzhen resolutely refused to agree to divorce, the court considered that both parties had a good marriage foundation and had a good relationship after marriage, mainly because the man was at fault, which led to a divorce dispute, and both parties still had the possibility of reconciliation. Therefore, the court ruled against divorce on the basis of criticizing and educating the man. Since then, Jiang not only did not repent, but also rented a house in the suburbs with Xiao Song and lived together in the name of brother and sister. Jiang's uncle returned to China to visit relatives during the Spring Festival on 1999, and gave Jiang 20,000 US dollars. The gift contract stated that Jiang was the recipient. Jiang used the money to buy a house in the name of Xiao Song.
In June of 20001year, Jiang sued the court for divorce again. After investigation; Since the court ruled for the first time that divorce is not allowed; Have separated from; Both parties have * * * property deposits of 6,543,800 yuan and a number of household appliances, and * * * lives in a public house rented by the man before marriage. After verification by many parties, the court found that the relationship between husband and wife of the parties in this case had indeed broken down, so the judgment allowed both parties to divorce and divide the property of husband and wife. Because the house where the party * * * lives is a public house rented by the man before marriage, and the woman has no room to live after the divorce, the court ruled that the house where the party * * * lives will continue to be rented by the man when the man expressed his willingness to give up the right to divide the deposit for the woman as financial help. Wang Xiuzhen still refused to accept the divorce and appealed to the court of second instance.
Answer the following questions according to the situation of this case, and briefly explain the reasons:
(1) What should the court of second instance do if mediation fails?
(2) Is the judgment of the court of first instance on the lease relationship of the residential house of the party * * * correct?
(3) If the court of second instance upheld the original judgment, did Wang Can Xiuzhen file a claim for divorce damages?
(4) After the divorce, it was found that Jiang bought a house in the name of Xiao Song during the marriage relationship. Can she ask the court to divide the property again?
(1) If mediation fails, the court of second instance decides to divorce. According to the provisions of Article 32 of the Marriage Law, if a man or a woman requests a divorce, the relevant departments can mediate or directly file a divorce lawsuit with the people's court. There are already reasons for divorce in this case, and the people's court shall mediate in the trial of divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or a spouse living with others;
(2) The court of first instance made a correct judgment on the lease relationship of the residential house of the party concerned. When divorcing according to Article 42 of the Marriage Law, if one party has difficulties in life, the other party should give appropriate help from his personal property such as his house. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment. And explanation-Article 27 The term "one party's life is difficult" as mentioned in Article 42 of the Marriage Law refers to the inability to maintain the local basic living standard by relying on personal property and property jointly owned at the time of divorce.
If one party has no place to live after divorce, it is difficult to live.
When divorcing, one party can use the house in his personal property to help people who have difficulties in life, which can be the right of residence or the ownership of the house. The handling of this case is correct.
(3) If the court of second instance upholds the original judgment, Wang Xiuzhen may file a claim for divorce damages. According to the provisions of Article 46 of the Marriage Law, if one of the following circumstances leads to divorce, the innocent party has the right to claim damages:
(1) Bigamy;
(two) a spouse living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members. Article 30 When accepting a divorce case, the people's court shall inform the parties in writing of the relevant rights and obligations stipulated in Article 46 of the Marriage Law. When applying Article 46 of the Marriage Law, the following different situations shall be distinguished:
(1) If the innocent party who meets the provisions of Article 46 of the Marriage Law, as the plaintiff, files a claim for damages with the people's court according to this article, it must be filed at the same time as the divorce proceedings.
(2) In divorce proceedings in which the innocent party is the defendant, if the defendant does not agree to the divorce and does not file a claim for damages in accordance with the provisions of this article, he may file a separate lawsuit in this regard within one year after the divorce.
(3) In divorce proceedings in which the innocent party is the defendant, if the defendant fails to make a claim for damages in accordance with the provisions of Article 46 of the Marriage Law in the first instance, the people's court shall conduct mediation during the second instance. If mediation fails, the parties concerned shall be informed to file another lawsuit within one year after divorce. Wang Xiuzhen can apply for divorce damages.
(4) After the divorce, it was found that Jiang bought a house in the name of Xiao Song during the marriage, and he could not ask the court to divide the property again. Because it can be seen that this gift in this case belongs to a special gift and belongs to the personal property of the husband and wife. The personal property of one spouse will not change the ownership relationship because of the relationship between husband and wife.
8 Lao Li and Li have not given birth for many years after marriage; However, Li Xiong's sister-in-law has even raised three sons; 1977, after Xiaoli was born, her brother and sister-in-law expressed their willingness to give it to Lao Li and his wife for adoption. Lao Li and his wife raised Xiao Li carefully. 1997 after graduating from university, Xiao Li worked in a foreign company. They got married and got married, and they lived in peace with Lao Li and his wife. In 2003, Lao Li and his wife were old. They lived in a six-story dormitory building. It's inconvenient to go upstairs and downstairs. They want to apply for the unit to adjust the housing to the ground floor, and Xiao Li and his wife object. In addition, the relationship between mother-in-law and daughter-in-law has been discordant, which has caused contradictions. Lao Li and Xiao Li eat and drink separately. In June 2003, Lao Li and his wife filed a lawsuit in court, demanding that the adoption relationship with Xiao Li be dissolved. However, Xiao Li can only live in the dormitory after dissolving the adoption relationship and refuses to dissolve the adoption relationship. After mediation by the court, Lao Li and his wife voluntarily withdrew the lawsuit. Although Lao Li and Xiao Li live in the same room and get along with each other day and night, they often quarrel over trivial matters like passers-by. In March 2004, Lao Li and his wife appealed to the court again, demanding the dissolution of the adoption relationship. On the grounds that Lao Li's pension is not much, Li is sickly and the company goes bankrupt, Xiao Li is required to bear the living expenses of 300 yuan every month. Shortly thereafter, Xiaoli's biological mother also appealed to the court, demanding Xiaoli to bear the monthly 200 yuan maintenance fee on the grounds that her wife died, her eldest son was laid off and her second son was imprisoned.
Answer the following questions according to the case and briefly explain the reasons:
(1) Can the adoption relationship between Xiao Li and Lao Li be dissolved?
(2) After the dissolution of the adoption relationship, should the request of Lao Li and his wife asking Xiao Li to bear 300 yuan's living expenses every month be supported?
(3) Does Xiaoli have the obligation to support her biological mother?
(1) Dissolve the adoptive relationship between Xiao Li and Lao Li Can. According to Article 27 of the Adoption Law, if the relationship between adoptive parents and adult adopted children deteriorates and they cannot live together, the adoption relationship can be dissolved by agreement. If negotiation fails, a lawsuit may be brought to the people's court. In this case, the relationship between Xiao Li and Lao Li has deteriorated and there is no need to survive.
(2) After the adoption relationship is dissolved, Lao Li and his wife's request that Xiao Li bear 300 yuan's living expenses every month should be supported. According to the provisions of Article 30 of the Adoption Law, after the dissolution of the adoption relationship, the adult adopted children raised by the adoptive parents shall pay the living expenses to the adoptive parents who lack the ability to work and the source of livelihood. Therefore, Lao Li and his wife's request that Xiao Li bear 300 yuan's living expenses every month should be supported.
(3) Xiaoli may not have the obligation to support her biological mother, but she is very willing to recover. Article 29 After the dissolution of the adoptive relationship, the rights and obligations between the adopted child and the adoptive parents and other close relatives are eliminated, and the rights and obligations between the adopted child and the biological parents and other close relatives are restored by themselves. However, whether the rights and obligations between adult adopted children and their biological parents and other close relatives are restored can be determined through consultation.
Ha ha!