2023-12-20 08:38:12
The grave sweeper was shocked to see that the tomb was sealed with cement. The old woman collapsed and couldn’t eat. (Schematic diagram/Photo of the newspaper department)
The cemetery purchased for an old man in advance was sealed with cement by his daughter-in-law, and the longevity name on the tombstone was erased. Can the old man request that it be restored to its original state? Can I claim compensation for mental damages? The Pudong New Area People’s Court of Shanghai (hereinafter referred to as the Pudong New Area People’s Court) recently heard a case of infringement of graveyards and tombstones. In the end, the court ruled that the daughter-in-law should be restored to her original status and the elderly man should be paid a solitary payment of RMB 5,000 (approximately NT$22,000) for mental damage.
The Paper reported that the husband and eldest son of an old woman named Wang died early. In order to allow the old mother to be buried with them a hundred years later, the younger son’s family purchased a three-hole cemetery, one of which was reserved for the woman to be buried in the future, and her name was carved on the tombstone. One winter solstice, when Mrs. Wang visited the tomb, she discovered that the vacant longevity cave had been sealed with cement, and the longevity name on the tombstone had also been erased. After verification with the cemetery management office, it was discovered that it was the younger daughter-in-law Hu who had made such a move.
It turned out that the two had a quarrel over the division of relocation benefits in their early years, and the younger daughter-in-law, who was complaining, chose to vent her anger in this way. After learning about this incident, Mrs. Wang was depressed, could not think about food or food, and suffered serious mental injuries. She filed a lawsuit with the Pudong New Area People’s Court.
After a trial, the Pudong New Area People’s Court held that activities such as purchasing tombs and erecting monuments are folk customs that are in line with public order and good customs and should be protected by law. Because the tomb is a three-cavity cemetery, the text on the original tombstone clearly indicates that it is the joint burial cemetery for Mrs. Wang, her husband, and her eldest son. The user and purpose are specific and exclusive. Although Mrs. Wang is still alive, under normal circumstances Below, the specificity cannot be changed at will.
The court determined that Hu’s behavior had constituted an infringement on Mrs. Wang’s right to use the cemetery, and she should bear civil liability in accordance with the law and restore the disputed cemetery to its original state. At the same time, the right to use the cemetery has a specific personality symbolic meaning. Hu’s behavior clearly violated Mrs. Wang’s spiritual interests. Therefore, the People’s Court determined that he should compensate Mrs. Wang for mental damage of 5,000 yuan. After the court’s decision, neither party appealed, and the case is currently in effect.
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