Original Title: A Good Life, Accompanied by the Civil Code | How much do you know about these “true knowledge” on the first anniversary of the promulgation of the Civil Code?
Source: Xinhua News Agency
On May 28, the “Civil Code of the People’s Republic of China”, known as the “Encyclopedia of Social Life”, was promulgated for the first anniversary. The Civil Code guarantees every bit of our lives. It can be said that from the “cradle to the end of life”, the Civil Code has shared weal and woe with each of us. Have you got all the “true knowledge” in it?
Does the fetus in the womb have no right of inheritance?
Case:Xiao Min’s husband died, leaving behind a posthumous child. The uncle of the child said: “My brother has passed away, and the child in his sister’s belly is not qualified to inherit the grandfather’s inheritance.”
Analysis:If the fetus is born normally, the civil code stipulates that the inheritance can be inherited. If the necessary shares are not reserved for the fetus at the time of the division of the estate, it shall be deducted from the shares already inherited by the heirs. Whether the parents are married or not has no effect on the fetus’s inheritance rights.
Where protection of the fetus’ interests such as inheritance of inheritance and acceptance of gifts is involved, the fetus shall be deemed to have the capacity for civil rights. However, if the fetus is dead at the time of delivery, its capacity for civil rights does not exist from the beginning.
——Article 16 of the Civil Code of the People’s Republic of China
When the inheritance is divided, the inheritance share of the fetus shall be retained. If the fetus is dead at the time of delivery, the reserved share shall be handled in accordance with legal inheritance.
——Article 155 of the “Civil Code of the People’s Republic of China”
Minors use their parents’ money to reward the anchor. Can the money be recovered?
Case:Mr. Liu discovered that his Alipay transferred nearly 130,000 yuan to an account in just 20 days. Later, it was discovered that the 14-year-old son Hao Hao secretly flashed the “Rocket” for the network anchor.
Analysis:Haohao is a minor. In order to limit the civil capacity, his behavior of rewarding the anchor is only valid with the consent of his parents. Therefore, whether the recharge or the amount of reward can be recovered should be based on the minor’s age, intelligence and expenditure. The amount is determined.
Minors over eight years of age are persons with limited capacity for civil conduct, and the execution of civil juristic acts shall be represented by their legal representatives or with the consent and ratification of their legal representatives; however, they may independently perform civil legal acts with pure benefits or with their age and intelligence. Corresponding civil legal acts.
——Article 19 of the Civil Code of the People’s Republic of China
If minors have been sexually assaulted, can they still seek legal protection after becoming an adult?
Case:Xiao Ai was molested when she was twelve years old, and she has always had lingering fears. Now that she is an adult, she wants to stand up bravely and expose the actions of the people involved.
Analysis:Affected by traditional concepts, minors who have been sexually assaulted are often afraid and unwilling to seek legal protection, which leads to the perpetrators to escape legal punishment. In response to this situation, the Civil Code stipulates that if a minor has been sexually assaulted, the statute of limitations shall be calculated from the day when the victim reaches 18 years of age, and a lawsuit can be filed after reaching 18 years of age.
If, against the wishes of others, sexual harassment of others by means of words, words, images, physical behavior, etc., the victim has the right to request the perpetrator to bear civil liability in accordance with the law.
——Article 101 of the Civil Code of the People’s Republic of China
The statute of limitations for the right to claim damages for sexual assault by minors shall be calculated from the day when the victim reaches 18 years of age.
——Article 191 of the Civil Code of the People’s Republic of China
Personal information leakage and frequent infringement of privacy rights, is there no way at all?
Case:In November 2020, a logistics company issued a statement and apologized, claiming that internal employees colluded with external criminals, resulting in the leakage of more than 400,000 personal information of citizens.
Analysis:Regarding violations of citizens’ personal information, the Civil Code clearly mentions that the personal information of others must not be illegally collected, used, processed, or transmitted, and that personal information of others must not be illegally traded, provided, or disclosed. Moreover, the Criminal Law amendment specifically established that the maximum sentence for the crime of infringing on citizens’ personal information is less than 7 years.
The personal information of natural persons is protected by law. Any organization or individual who needs to obtain the personal information of others shall obtain and ensure the security of the information in accordance with the law, and shall not illegally collect, use, process, or transmit the personal information of others, and shall not illegally trade, provide or disclose the personal information of others.
——Article 111 of the Civil Code of the People’s Republic of China
Natural persons have the right to privacy. No organization or individual may infringe the privacy rights of others by spying, harassing, divulging, disclosing, etc.
——Article 1032 of the Civil Code of the People’s Republic of China
“Heroes” will be corrupted when they see righteousness and bravery?
Case:In August 2020, a middle-aged man fell to the ground with asthma in Changde Railway Station. Upon seeing the situation, two students from Chengdu University of Traditional Chinese Medicine immediately gave them cardiopulmonary resuscitation for about 20 minutes. Unfortunately, the man passed away after being rescued. Afterwards, someone maliciously posted a comment that “the family of the man took the two women to court the next day because the two girls did not have medical qualification certificates.”
Analysis:I believe that many people have a heroic dream of being a chivalrous man. But the reality is sometimes cruel, and I clearly want to “make a move when it is time to make a move.” However, some social remarks about “saving people against corruption” are constantly lingering in the ears, making people hesitate to move forward. The relevant legal articles of the Civil Code stipulate that the rescuer shall not bear civil liability for damages caused by voluntary implementation of emergency rescue activities.
If one is harmed by protecting the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may provide appropriate compensation. If no infringer or infringer has escaped or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation.
——Article 183 of the Civil Code of the People’s Republic of China
The rescuer shall not bear civil liability for damage to the recipient due to voluntary implementation of emergency rescue.
——Article 184 of the Civil Code of the People’s Republic of China
Will the divorce “cooling-off period” protect the domestic violence party?
Case:Xiao Chen’s husband committed domestic violence. Xiao Chen filed for a divorce. Her husband refused to leave due to the “cooling off period” of divorce.
Analysis:In response to the issue of “whether the cooling-off period is not conducive to protecting the victims of domestic violence”, the Ministry of Civil Affairs has responded that the divorce cooling-off period is only applicable to the voluntary divorce agreement between the spouses. For cases of domestic violence, the parties can file a lawsuit in the court. There is no cooling-off period for divorce proceedings.
The Civil Code clearly stipulates that people’s courts try to hear divorce cases, if there is a situation of “commitment of domestic violence or abuse or abandonment of family members”, and if the mediation is invalid, the divorce shall be granted.
For victims of domestic violence, it is necessary to collect evidence of domestic violence in time, fix the evidence through methods such as reporting to the police and testing injuries, and file a lawsuit for divorce in the courts, and strive to leave as soon as possible.
People’s courts shall conduct mediation when hearing divorce cases; if the relationship has indeed broken down and mediation is invalid, the divorce shall be granted.
——Article 1079 of the Civil Code of the People’s Republic of China
Can the gift contract be revoked arbitrarily?
Case:Some companies falsely assist the disabled, and withdraw the donation when they achieve the purpose of propaganda.
Analysis:The donator enjoys the right to arbitrarily revoke in accordance with the law, that is, after the conclusion of the donation contract and before the transfer of the right to the donated property, the donator can no longer make the donation according to his own will. However, the donator’s right to arbitrarily revoke is also restricted by law. A notarized donation contract or a donation contract that has the nature of public welfare and moral obligations such as disaster relief, poverty alleviation, and disability assistance that cannot be revoked in accordance with the law, regardless of the form in which the parties conclude or the gift Whether the property has transferred its rights, the donator shall not arbitrarily revoke it. If the donor delays or fails to perform the obligation to pay the donated property, it shall be liable for breach of contract, and the donee may request the donor to deliver.
The donator may revoke the donation before the right to the donated property is transferred.
The notarized gift contract or the gift contract that has the nature of public welfare and moral obligations such as disaster relief, poverty alleviation, and disability assistance that cannot be revoked in accordance with the law does not apply to the provisions of the preceding paragraph.
——Article 658 of the Civil Code of the People’s Republic of China
Is an oral will valid?
Case:When he was in danger, Lao Ge, who was lying on the hospital bed, told the doctor next to him that I was too late to make a written will. Please tell my children what happened.
Analysis:The testator’s oral will is valid in critical situations. It should be noted that an oral will should be witnessed by more than two witnesses. After the emergency is lifted, if the testator is able to make a will in written or recorded form, the oral will made is invalid. In order to avoid disputes, it is recommended to use self-written wills, written wills, printed wills, audio and video wills, and notarized wills as much as possible to establish a will.
The testator can make an oral will in a critical situation. An oral will should be witnessed by more than two witnesses. After the critical situation is eliminated, if the testator can make a will in writing or in the form of audio and video recording, the oral will made is invalid.
——Article 138 of the Civil Code of the People’s Republic of China
Insult and slander the reputation of the deceased, can the family members just let it go?
Case:On May 22, academician Yuan Longping passed away, and all walks of life mourned deeply. Individual Weibo accounts posted harmful content that insulted and attacked Academician Yuan Longping, causing bad social impact.
Analysis:The personality of the deceased is protected by law. The Civil Code stipulates that after the deceased’s name, portrait, reputation, honor, privacy, remains and other personalities are infringed by others, the deceased’s spouse, children, and parents have the right to request the perpetrator to bear civil liability in accordance with the law, request the other party to stop the infringement, restore reputation and compensate Mental damage.
For acts of infringement of reputation rights, the tort liability established by the Civil Code is to stop the infringement, eliminate the impact, and restore reputation. If the victim’s mental or property damage is caused, he must also be liable for damages. The sole application of these tort liability is mainly in the case of relatively minor circumstances and no serious social impact. Article 246 of my country’s Criminal Law stipulates that anyone who uses violence or other methods to openly insult others or fabricate facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance, or deprivation of political rights.
Those who infringe upon the names, portraits, reputation, or honor of heroes and martyrs, or harm the public interest of society, shall bear civil liability.
——Article 185 of the Civil Code of the People’s Republic of China
If the deceased’s name, portrait, reputation, honour, privacy, remains, etc. have been violated, his spouse, children, and parents have the right to request the perpetrator to bear civil liability in accordance with the law; if the deceased has no spouse or children and the parents have died, other close relatives have the right Request the perpetrator to bear civil liability in accordance with the law.
——Article 994 of the Civil Code of the People’s Republic of China
Life is long
Regardless of happiness,
Still ups and downs
The civil code guards your life