Recently, the popular drama "Ode to Joy 5" came to an end. The drama continues the brilliance of its predecessor, telling the story of five girls with vastly different personalities who work together to overcome challenges in the workplace, family, and love, and grow together. In the process of growing up, the characters in the drama often need to use legal weapons to protect their rights and interests in the face of various difficulties and disputes. In this issue of "Chasing Drama and Learning Law", Judge Xie Yinyan of Haidian District People's Court in Beijing will lead everyone to learn the legal knowledge points in "Ode to Joy 5". Scenario 1: Fang Zhiheng's mother gave birth to a daughter at an advanced age and passed away after giving birth to a younger sister. His father entrusted the task of raising his youngest daughter to Fang Zhiheng, but he did not fulfill his obligations. Fang Zhiheng's investigation found that his father had an affair with his mother during her pregnancy and planned to marry a new lover. So, does the older sister have an obligation to raise her younger sister? Can Fang Zhiheng share more of his mother's inheritance as a result? The Civil Code stipulates that siblings who have the ability to bear the burden have the obligation to raise underage siblings whose parents have died or are unable to support them. Therefore, in the case where Fang's father has not lost the ability to raise and supervise his younger sister, he should fulfill the corresponding obligation of raising her. As a sister, Fang Zhiheng is willing to raise her younger sister, which is not prohibited by law. However, this is not a reason for Fang's father to evade the obligation of raising her, and he still needs to pay the corresponding cost of raising her. Regarding the issue of inheritance of the mother's estate, according to the provisions of the Civil Code, inheritance is carried out in the following order: the first order is spouse, children, and parents; The second order is brothers and sisters, grandparents and maternal grandparents. After the inheritance begins, the first order inheritors inherit, and the second order inheritors do not inherit; If there is no first order heir to inherit, the second order heir shall inherit. As Fang's mother did not leave a will, according to the above legal inheritance rules, Fang Zhiheng, Fang's father, and Fang's sister jointly inherit the inheritance left by Fang's mother. As Fang's sister is not yet of age, with the consent of Fang's father, Fang Zhiheng can obtain two-thirds of the inheritance share on behalf of his sister, which is in accordance with legal provisions. Scenario 2: Yu Feixue met Chen Zufa through a blind date, and the two quickly got married. After obtaining the certificate, Chen Zufa borrowed a large amount of money from his classmates and fellow villagers under the pretext of getting married, but suddenly disappeared on the day of the wedding banquet and took away Yu Feixue's savings and wedding gift money. Yu Feixue had to work three jobs a day to pay off her debts. After Yu Feixue was deceived into marriage, does she need to bear joint liability for the debts her husband borrowed from outside after marriage? According to the Civil Code, debts incurred by both spouses through joint signatures or mutual recognition by one spouse, as well as debts incurred by one spouse in their personal name for the daily needs of the family during the existence of the marital relationship, are considered as joint debts of the spouses; The debt borne by one spouse in their personal name during the existence of the marital relationship, which exceeds the daily needs of the family, does not belong to the joint debt of the couple. Chen Zufa and Yu Feixue got married with the malicious purpose of deceiving and accumulating wealth. They borrowed money from classmates and fellow villagers under the pretext of getting married and buying a house, which was also for the purpose of deceiving money. Yu Feixue, Chen Zufa's classmates, and fellow villagers were all victims of this incident. In terms of the nature of the debt generated by Chen Zufa's external borrowing, although the borrowing behavior occurred after marriage, these borrowing behaviors did not go through Yu Feixue's supervision
Edit：Jia jia Responsible editor：Wang Chen
Source：http://www.legaldaily.com.cn
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