The system of mandatory retention and loss of inheritance rights in typical cases
2024-12-20
Some institutional designs in the Civil Code fully consider the protection of the weak, such as the mandatory share system stipulated in the Civil Code. Its core is that when the deceased disposes of property such as wills or gifts, necessary shares must be reserved for specific legal heirs, as the survival weight of specific groups is higher than the freedom of wills; For example, the Civil Code stipulates various circumstances for the loss of inheritance rights. When a child abandons their parents, regardless of the severity of the circumstances, it may lead to the loss of inheritance rights. In the typical inheritance dispute cases recently released by the Supreme People's Court, not only complex family relationships and property distribution disputes are involved, but also the important legal provisions of China's inheritance legal system, such as the mandatory share system and the situation of loss of inheritance rights, are applied and influenced in real life, reflecting the principle of supporting the weak. The mandatory retention system: The survival weight of specific groups is based on the freedom of will, while respecting the autonomy of the parties involved. The inheritance system also plays a role in supporting the weak and caring for the elderly and young. In the inheritance dispute case between Liu and Fan Xiaomou issued by the Supreme People's Court this time, due to the fact that the parties did not reserve necessary shares for the legal heirs who lacked labor ability and no source of livelihood in the will, the court made corresponding arrangements in accordance with the relevant provisions of the required share system. Fan and Ji were originally husband and wife. They had Fan Xiao in 1989, but they divorced. Fan remarried Liu in 2011. Fan Xiaomou has been suffering from kidney disease since 2006 and began dialysis treatment in 2016. He experienced cerebral hemorrhage in 2020. In June 2021, Fan made a self written will stating: "All of my properties and all of my family's assets will be inherited by my wife Liu in a hundred years, and the property rights will belong solely to Liu." In November 2021, Fan passed away. Liu sued Fan Xiaomou to the court, requesting to inherit the house involved in the case according to the contents of the will. In the lawsuit, Fan Xiaomou argued that he was seriously ill, had lost the ability to work, and had no source of livelihood. Although Fan had left a will, it did not provide him with the necessary share according to the law. Therefore, part of the will is invalid, and he has the right to inherit the portion of the house involved in the case. The trial court held that although Fan's designation of Liu as the sole heir in his self written will was a true expression of his intention, Fan Xiaomou, as Fan's legal heir, had suffered from kidney disease for many years, lacked labor ability, and had no source of livelihood, so necessary shares should be reserved for him. Based on the value of the property involved in the case and the actual living conditions of both parties, the court ruled that the property in question will be inherited by Liu, who will pay Fan Xiaomou the corresponding discounted price for the property. Article 1141 of the Civil Code stipulates: "A will shall reserve necessary shares of the estate for heirs who lack the ability to work and have no source of livelihood." This system is known as the mandatory share system. Chen Aiwu, a professor at the Law School of Nanjing Normal University, stated in an interview with "Rule of Law Weekend" that "the core of the mandatory share system is that when the deceased disposes of property through wills, gifts, or other means, necessary shares must be reserved for specific legal heirs, as the survival weight of specific groups is greater than the freedom of wills." "The constituent elements of the mandatory share system are that legal heirs must lack both labor ability and a source of livelihood. People who meet these two requirements include: underage children; elderly people who are old and have no income and no other support; and adult heirs who are physically disabled and unable to work and have no other income," Chen Aiwu said. The judge handling the case stated that the ruling not only protected the rights and interests of Fan Xiaomou, who lacked labor ability and had no source of livelihood, but also respected Fan Xiaomou's will to designate his wife as the heir to inherit the property involved in the case, achieving a balance between protecting vulnerable groups and respecting testamentary freedom. The testator should plan the distribution of their estate reasonably when dealing with it. Abandoning children and the deceased will result in the loss of inheritance rights. In practice, the deceased has an endless obligation to support them, which is an important criterion for determining the amount of inheritance distribution. In the legal inheritance dispute case between Gao Mouyi and Gao Xiaomou, Gao Xiaomou ignored his parents and completely failed to fulfill his obligation to support them. The court determined in accordance with the law that his behavior constituted abandonment and ruled that he lost his inheritance rights. Gao Moujia and Gao Xiaomou have a father son relationship, with Gao Xiaomou being the only child. In 1992, Gao Xiaomou (then 20 years old) ran away from home after a dispute with his parents and has been indifferent to them ever since. When the mother fell ill, she was not taken care of and did not attend the funeral when she passed away. During the period when Gao was seriously ill, he underwent a major surgery and needed to be picked up, cared for, and taken care of, but Gao Xiaomou did not appear. Gao XX A has four brothers and sisters, namely Gao XX B, Gao XX C, Gao XX D and Gao XX E. Gao Mouyi takes more care of Gao Moujia and his wife. After the death of Gao Moujia, Gao Mouyi contacted Gao Xiaomou to handle the burial of Gao Moujia's ashes, but Gao Xiaomou ignored him. However, as the sole legal heir, he received the balance of some bank deposit certificates under Gao Moujia's name. Gao Yi believes that Gao Xiao has abandoned Gao Jia and should lose his inheritance rights. Gao Jia's estate should be inherited by the second in line inheritors, so he sued Gao Xiao to the court. Gao Bing, Gao Ding, and Gao Wu all agree that Gao Xiao should lose his inheritance rights and have issued a statement renouncing the inheritance of Gao Jia's estate. The trial court believes that children should fulfill their obligation to support the elderly financially, take care of them in daily life, and provide spiritual comfort. If the heir abandons the deceased, they shall lose their inheritance rights in accordance with the law. Since leaving home in 1992, Gao Xiaomou has been ignoring and ignoring the deceased for over thirty years. Not only did they not provide any financial assistance to their parents, nor did they contact them by phone, nor did they provide any financial or spiritual support. After their parents passed away, they also neglected to see them off, which constitutes abandonment of Gao Moujia. Therefore, it is ruled that the estate of Gao Moujia shall be inherited by Gao Mouyi; After the death of Gao Moujia, the funds withdrawn from Gao Moujia's account shall be inherited by Gao Mouyi, and Gao Xiaomou shall return them within ten days from the effective date of the judgment. Article 1125 of the Civil Code stipulates that if an heir abandons the deceased or abuses the deceased severely, they shall lose their right to inherit. Tao Ying, Vice Dean of the Law School of Capital University of Economics and Business, told the reporter of "Rule of Law Weekend": "In this case, the child's failure to support their parents for thirty years clearly constitutes abandonment, and their deprivation of inheritance rights reflects the traditional Chinese virtue of filial piety to their parents, which is protected by legal force, strengthens the binding force of moral norms, and also conforms to public order and good customs." However, how is abandonment recognized in the Civil Code? Tao Ying explained, "Abandonment in civil law refers to the illegal act of a person who has the legal obligation to support, support, and support and has the ability to fulfill it, but subjectively deliberately avoids fulfilling their obligations to elderly, young, sick, or other family members who do not have the ability to live independently. Abandonment includes situations where there is a lack of obligation to take care of life, mental care, and personal protection, such as long-term loss of contact, abandonment of the elderly, refusal to pay child support, etc. Regardless of the severity of the circumstances, it may result in the loss of inheritance rights. Abandonment is illegal and goes against morality and good customs. Only when the abandonment is regretted and forgiven by the elderly before their death can the inheritance rights be retained." However, the Marriage and Family Law of the Beijing Lawyers Association. Vice Chairman of the Professional Committee, Fu Pengbo, told reporters from "Rule of Law Weekend" that, In practice, there are not many cases where abandonment leads to the loss of inheritance rights, because "abandonment" is difficult to determine. "Firstly, it involves considerations of family relationships. Even if the inheritor believes that the inheritor is lacking in life care, they mostly advocate for less inheritance rather than depriving inheritance rights. In addition, there is a practical problem of difficult evidence in determining abandonment. To determine abandonment, it is necessary to prove that the elderly person is indeed in danger and needs to be supported, and it is necessary for relatives around them to provide evidence. In practice, due to the fact that abandonment often occurs within families, many victims still have a mentality of not exposing their family secrets, and the infringement behavior is relatively concealed. The legal responsibility of the offender may only be pursued when the abandonment causes serious consequences or the circumstances are severe enough to constitute the crime of abandonment under criminal law, and most abandoned persons also have practical problems such as difficulty in providing evidence Tao Ying said that in fact, the loss of inheritance rights due to abandonment does not have a prerequisite for determining the crime of abandonment, and the burden of proof for the abandoned person should also be reduced in necessary circumstances. (New Society)
Edit:Luo yu Responsible editor:Zhou shu
Source:legal daily
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