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"Who should leave the property to?" The right to own property PPT courseware 2
case analysis:
Zhao Qiang and his wife adopted a daughter named Zhao Juan in 1960. In the following five years, they gave birth to two sons named Zhao Ming and Zhao Liang. 27 years later, the children all got married and lived separately. After Zhao's wife passed away, Zhao Juan moved back home to take care of her father and grandmother. Zhao Qiang originally had two private houses (now he rents a public house in his unit), a deposit of 30,000 yuan, and stocks of 60,000 yuan. He lent 6,000 yuan to friends, and his family property such as color TVs and stereos is equivalent to about 30,000 yuan. In 1999, Zhao Qiang made a will through the notary office and left two private houses to Zhao Juan, while other properties were not dealt with. In 2000, Zhao Liang was in debt due to gambling and asked his father for money. When he was refused, he went crazy and stabbed his father to death.
Please think: Zhao Qiang felt that his adopted daughter Zhao Juan had taken good care of himself and his mother over the years, so he left two private rooms to his adopted daughter Zhao Juan. Which right in property ownership is Zhao Qiang using here? Is it legally binding?
Thought questions:
Zhao Qiang’s legacy should include: ( )
A. 2 private rooms B. 1 public room
C. Deposit 30,000 yuan D. Stocks 60,000 yuan
E. Approximately 30,000 yuan in property such as color TVs and stereos
F. 6,000 yuan lent to a friend
Who has the right to inherit Zhao Qiang’s inheritance?
Does Zhao Juan have it? Does Zhao Liang have it?
Please explain why.
Discuss
A. If the husband dies and the wife remarries, does the wife have the right to inherit her ex-husband’s estate?
B. Do people who are sentenced to prison have the right to inherit?
C. The man and woman have registered their marriage but are not living together. If one party dies, does the other party have the right to inherit?
D. If an only child gets married, can she have the right to inherit her parents’ inheritance?
E. If an adopted child inherits the inheritance of his adoptive parents, does he have the right to inherit the inheritance of his biological parents?
loss of inheritance
The main reasons for loss of inheritance rights are:
Intentionally killing the deceased;
An heir kills other heirs to compete for inheritance;
The circumstances of abandoning the decedent or mistreating the decedent are serious;
Forging, tampering with or destroying wills, if the circumstances are serious.
3. When there is a dispute over inheritance rights
Article 15 of my country’s Succession Law stipulates: “The heirs shall negotiate and resolve inheritance issues in the spirit of mutual understanding, mutual accommodation, harmony and unity. The time, method and share of inheritance division shall be determined by the heirs through negotiation.
If negotiation fails, the case may be mediated by the People's Mediation Committee or a lawsuit may be filed in the People's Court.
1. When our property inheritance rights are violated, we must strengthen our awareness of rights protection, learn to rely on social forces, and use legal weapons to safeguard our legitimate rights and interests.
2. We must also vigorously inherit and promote traditional Chinese virtues and practice socialist ethics.
1. Use legal weapons to protect your legitimate rights and interests
A. Don’t swallow your anger, but be aware of your rights; (Constitution)
B. Minors must investigate the legal liability of infringers through their guardians in accordance with the law and safeguard their inheritance rights; ("Minor Protection Law")
C. Rely on social forces and use legal weapons to safeguard legitimate rights and interests
D. When exercising inheritance rights, it must be carried out in accordance with the law. Inheritance rights cannot be obtained illegally or harm the legal rights of others.
2. Vigorously inherit and promote traditional Chinese virtues and practice socialist ethics.
A. Pay attention to friendship and mutual understanding and accommodation.
B. Caring for each other, respecting each other, and tolerating each other.
C. The harmony and unity of the heirs, the stability and happiness of the family.
D. Make full use of the property left by the deceased.
E. Principles of inheritance distribution.
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