With the increasing trend of population aging in our society, the protection of the rights and interests of the elderly has attracted more and more attention from all walks of life.
In daily life, the elderly will inevitably have disputes with their children and partners. How should they deal with it at this time?
Many people love to travel after retirement, or are obsessed with health care products, how to guard against hidden traps in the process?
Pit old articles
Case number one
Elderly people who are not well taken care of by elderly care institutions go to the toilet and fall into seventh-degree disability
At present, choosing elderly care institutions to provide for the elderly has increasingly become a generally accepted way for the common people.
However, some elderly care institutions have serious problems such as extensive management systems, opaque service processes, and delays in rescue in emergencies. The failure to provide for the elderly has become "injury to the elderly."
On the afternoon of October 29, 2020, Wang accidentally fell to the ground while going to the toilet in a nursing home.
In the early morning, the nursing home notified Wang's family members.
Subsequently, Wang was sent to the hospital for treatment, and it was diagnosed that Wang's injury was an intertrochanteric fracture of the left femur.
It was later identified that Wang's injury constituted a seventh-degree disability.
Wang sued the nursing home to the court.
After trial, the court held that Wang and the nursing home signed the "Elderly Care Institution Service Contract", and the nursing home should provide services for Wang according to the contract. The contract stipulates that Wang's level of care should be specialized care, but the contract did not clearly stipulate the specific nursing care provided. Service Content.
According to the registration form of the nursing home, the nursing home knew Wang's physical condition when he moved in and needed help in going to the toilet.
Now that the improper nursing care in the nursing home caused Wang to fall, he should bear civil liability.
In the end, the court ruled that the nursing home should bear 60% of the liability and compensate Wang for related medical expenses, nursing expenses, hospital food subsidies, nutrition, disability compensation, and spiritual comfort.
Judge's statement
Judge Yun Ning, Wangsiying People's Court of Chaoyang Court, introduced that Article 13 of the "Administrative Measures for Elderly Care Institutions" stipulates that elderly care institutions should establish an admission assessment system for the health of the elderly.
However, in practice, the format text contracts provided by elderly care institutions generally lack hospitalization assessments for the individual differences of the elderly, and targeted service content formed on this basis.
This has also led to whether nursing homes should provide specific services such as feeding, assisting exercises, night care, and dispensing medicines, which are not clearly stipulated in the contract.
In addition, we combed through this type of typical cases and found that some elderly care institutions lack transparency in the service process, public areas cannot be fully covered by surveillance video, nursing staff have post-event resignation rounds and medication records, and there is a lack of one-to-one care delivery. Succession records, etc.
There are also some elderly care institutions improperly or delayed in emergency rescues. Because the elderly are generally poor in physical foundation, if the treatment is delayed or the rescue method is improper, the final damage is often more serious.
Here, we remind the elderly and their families to fully understand the relevant qualifications, software and hardware levels, and market reputation of the elderly before choosing an elderly care institution.
If necessary, according to the special physical conditions of the elderly, the specific service content required by the nursing home should be added to the standard contract as a supplementary clause.
Case two
The elderly credulously believe in health products for respiratory failure after 3 months
There is a clear boundary between health products and medicines.
However, some unscrupulous businesses use false propaganda to deliberately exaggerate the efficacy of health care products, and even promise to replace the therapeutic effect.
Inducing the elderly to buy health care products at a high price will not only fail to achieve health care effects, but will delay the best time for treatment.
In February 2019, Liu went to the hospital for medical treatment due to physical discomfort and was diagnosed with hypertension, diabetes, renal insufficiency and other chronic diseases of the elderly to be investigated.
After Wu learned of Liu's condition, he introduced the health care products he represented, and wrote a schedule for taking health care products for Liu, promising that one cycle would be effective.
Liu has bought more than 60,000 yuan in health products from Wu.
In May 2019, Liu felt his condition worsened and was accompanied by his family to the hospital for treatment. He was diagnosed with uremia, cardiac insufficiency, pulmonary edema, lung infection, respiratory failure, metabolic encephalopathy, hyponatremia, and was admitted to the hospital. treatment.
Subsequently, Liu sued Wu to the court.
The court found that Wu was a health care product distributor. In the WeChat chat records of Liu and Wu, Wu asked about Liu's health several times and recommended Liu to take related health products as required.
The court found after hearing that Wu still made false propaganda to Liu when he knew that the product did not have pharmacological effects, causing Liu to buy the product after misbelieving, and finally ruled that Wu should compensate Liu with three times the amount.
Judge's statement
Yun Ning explained that Article 55 of the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests stipulates that if a business operator commits fraud in providing goods or services, he shall increase the compensation for the losses suffered by the consumer in accordance with the requirements of the consumer, and the amount of compensation shall be increased by Three times the price paid by consumers for goods or services received.
In daily life, the elderly tend to pay more attention to their own health because they may have some basic diseases, which also provides profit-making channels for unscrupulous businesses and individuals.
Some health care products merchants under the banner of "treatment of diseases and fitness without diseases", playing family affection cards, deliberately creating "health anxiety" and selling them to the elderly who have no consumer demand at a price that is more than ten times higher or dozens of times higher. people.
In the end, not only the disease cannot be cured, but the best time for treatment of the elderly will be delayed.
Here, we remind the elderly and their families not to blindly follow the trend to buy health care products, and do not believe that health care products can cure diseases.
If you buy health care products, you must pay special attention to the product approval number information and main functions, and it must not affect the normal diagnosis and treatment of their own basic diseases by the elderly.
Case three
Prepaid 200,000 travel the world, "valid for life" promise instantly expires
After the elderly retire, their leisure time increases, and their willingness to travel also increases.
At present, there are some pre-paid tourism products on the market that promise to pay a one-time fee, which is effective for a long time, and travel all over the country and the world.
But can these promises be realized?
In September 2020, Huang and Zhang signed a "purchase agreement" with the travel company, stipulating that Huang and Zhang should apply to become club members for a period of 10 years and have vacation rights.
The "Club Rules and Regulations" states, "You are buying a permanent five-star luxury holiday residence, and you can go where you want to go in the world forever." Just notify us."
Huang and Zhang paid 200,000 yuan.
Later Huang and Zhang sued the travel company to the court, stating that they were invited by the staff of the travel company to attend the lecture.
I was followed by one-on-one staff throughout the preaching, and carried out high-intensity and high-density publicity in a closed environment, which took 4 hours.
In this case, the two people sign an agreement and swipe their card.
The two searched the company's information online, and found that many members reported that they could not complete the booking when they wanted to travel, and triggered multiple lawsuits. The two believed that the content of the agreement was inconsistent with the publicity, and demanded to terminate the contract and give a full refund.
The court found that there is a difference between the way of exercising and the content of rights and interests in the sale of holiday products by tourism companies and traditional tourism products.
It is restricted during the exercise, and the restriction conditions are not clearly stated and reminded in the application and agreement unilaterally drafted and provided by the travel company.
According to the court’s verification, the travel company actually only owns one resort in Gambia and Bali each.
As the travel company failed to provide reasonable explanations and explanations on the terms of the contract, the purchaser mistaken the vacation product for a general travel vacation product. The current purchaser requested the cancellation of the above-mentioned contract within the statutory period, and the court allowed it according to law.
The court ruled to rescind the agreement, and the travel company returned the relevant expenses.
Judge's statement
According to Yun Ning, Article 9 of the Tourism Law of the People's Republic of China stipulates that tourists have the right to know the true conditions of the tourism products and services they have purchased.
Some new tourism products adopt the method of prepaying high fees, and promise to let the retired elderly enjoy life-long enjoyment, free choice, and travel around the country when they are sold.
In judicial practice, we found that these products may have some hidden consumption traps.
For example, when the elderly are preparing to travel, they set up complex rights exchange procedures, set unreasonably long time limits for advance reservations, and continue to promote upgrades to increase additional consumption expenditures.
Moreover, these tourism products often charge higher fees at one time, but the contract cannot be terminated.
Once the elderly are sick and inconvenient to travel, the high fees paid in advance cannot be refunded, and the original good idea of traveling will eventually become "a dead letter."
Here, we remind the elderly to read the contract carefully and fully consider their physical conditions before purchasing a one-time high prepayment for new travel products, and clearly agree on the right to terminate the contract and refund the prepaid fees.
Judge reminded
Take precautions against the hidden traps of "pitting old" to grasp these three hurdles
By sorting out these typical cases of infringements on the rights and interests of the elderly, the judge reminds the elderly of the "three barriers" to be grasped in the elderly, and avoids stepping on the "pits": the first barrier-qualification barrier: whether it is elderly care, tourism, financial management or other services All companies and institutions should have corresponding industry qualifications.
Before selecting services, we can require the company to produce business licenses, qualification certificates, and verify the business content, qualification information, and registered capital covered by the business scope.
The second pass-reputation pass: With the development of online information, there will be nowhere to hide the negative information of bad businesses.
Before we choose a company to provide services, we can check the company’s reputation, goodwill, and market evaluation on industry publicity websites, consumer rights protection websites, and public word-of-mouth websites.
We can also check on the China Judgment Documents website to find out whether the company has fraudulent clients and other related litigation disputes.
The third pass-contract pass: At present, most businesses provide standard contracts.
The law provides that supplementary clauses can be added to a standard contract.
We should require the staff of the merchants to express all the preferential conditions verbally promised in the contract in the form of supplementary clauses, so that there can be agreements to follow in the event of disputes, and to maximize the protection of the legitimate rights and interests of the elderly.
Hurt the old
Case number one
How can his wife's death and son swallow her inheritance in his old age?
Our traditional culture contains the cultural essence of respecting and loving the old, but in reality there are also many cases where the elderly and their children go to court.
When the rights of the elderly are violated, how should they protect them through legal means?
Aunt Zhang and Uncle Xu gave birth to a son and a daughter after their marriage. After Uncle Xu passed away, his son Mr. Xu took away 280,000 yuan from his father's bank account. Aunt Zhang and his daughter sued Mr. Xu to the court.
Aunt Zhang believes that the deposits in her wife’s account are the joint property of the husband and wife, half of which belong to her and should be redistributed in accordance with the law.
Mr. Xu said that the money was given to him by his father, and his father’s medical expenses during his lifetime were also paid by himself and should be deducted from the estate.
The court concluded that the deposits in the name of Uncle Xu should be the joint property of the husband and wife, half of which belonged to Aunt Zhang’s property, and the other half was the estate of Uncle Xu, which was inherited by his legal heir’s wife and children.
The medical expenses paid by Mr. Xu for his father before his death shall be deducted from the above-mentioned bank deposits with the consent of both parties.
In the end, the Shunyi court ruled that Mr. Xu should return the due amount to Aunt Zhang and Ms. Xu.
Judge's statement
Chen Ying, a judge of the People's Court of Shunyi District, Beijing, explained that the "Civil Code" stipulates that an inheritance is a personal legal property left by a natural person upon death.
Unless there is an agreement on the property jointly owned by the husband and wife, when the inheritance is divided, half of the jointly owned property shall first be divided into the spouse's possession, and the rest shall be the inheritance of the deceased.
In this case, the children have no right to dispose of the property in the name of their parents without authorization.
Mr. Xu should have assumed the responsibility and obligation of taking care of his mother after his father passed away, but he transferred the money in his father's account to his own account, and his mother had no choice but to appeal to the court after asking for no results.
In addition to the court, in addition to returning the dues to the mother, Mr. Xu should give the mother more love and care, so that the mother can spend his twilight years peacefully.
Case two
How can the elderly couple who have no room to live after separating with their son?
Uncle Zhu and Aunt Wen gave birth to two children after their marriage. Uncle Zhu had a house. When the rural homestead was confirmed in 1992, the village committee registered the house in the name of the eldest son.
In addition, Uncle Zhu also has a homestead and a village approved land under his name.
When the two brothers separated their families, the old couple distributed the house registered under the name of Uncle Zhu to the eldest son, and the village-approved house to the younger son.
The old couple built a new western penthouse and courtyard wall on the homestead under the name of the eldest son, but later had a conflict with the eldest son, so they sued the eldest son to the court, requesting confirmation of the ownership of the house on the grounds of having no house.
After hearings, the court found that both parties agreed that the house in the house involved in the lawsuit was acquired by Uncle Zhu in the early years, and that a new penthouse and courtyard wall were built.
However, because the house was registered in the name of the elder son when the ownership of the rural homestead was confirmed, the house under the old man’s name was assigned to the eldest son in the division, and the two old people were eventually left without housing.
After mediation by the Shunyi Court, it was finally confirmed that the three rooms in the north main building of the court involved belonged to two elderly people.
Judge's statement
Chen Ying explained that the case is a typical case in which the registration of a rural homestead does not match the actual owner. If there is a dispute over the ownership and content of the property rights, the interested parties can request to confirm their rights.
The case only occurred more than 20 years after the separation of the family. In fact, the house has always been controlled by the plaintiff, but the conflict between the defendant and their parents over the issue of the land use right certificate led to the case.
The two plaintiffs had conflicts with their children in the ancient years and demanded confirmation of the ownership of the house. Although the case was resolved after mediation by the court, the case still reflects that after the separation of the family in rural areas, the problems of housing, the elderly and the conflicts will increase with the age of the parents. Increase and become more prominent.
Case three
Can the one who is broken by the divorce in the sixtieth year be compensated?
Uncle Lu and Aunt Liang gave birth to one child and one daughter after marriage. In 1996, the two parties separated due to family trivial matters. Aunt Liang raised her children alone and managed the marriage of their children. Uncle Lu never fulfilled the relevant obligations.
Uncle Lu now sued for divorce on the grounds that the relationship between husband and wife no longer existed, but Aunt Liang said that she still had feelings for Uncle Lu and did not agree to the divorce, and claimed that she had spent 300,000 yuan in tuition and marriage expenses during the period of independently raising children. It was a loan and asked Uncle Lu to pay half of it and compensate him for the cost of raising his children for many years of 240,000 yuan.
After hearings, the court held that since Aunt Liang and Uncle Lu separated in 1996, the relationship basis no longer exists, and the mediation by the court is invalid, and the divorce should be allowed for both parties.
Regarding Aunt Liang's claim that she borrowed foreign debts for school and marriage, she failed to submit relevant evidence to prove that there was a joint debt between husband and wife, so the court did not support this.
Regarding Aunt Liang’s compensation for raising children, according to the facts ascertained, during the separation of the two parties, both children were raised and educated by Aunt Liang. Therefore, it is considered that Uncle Lu will give Aunt Liang a certain amount of financial compensation as appropriate.
In the end, the Shunyi court ruled that Uncle Lu divorced Aunt Liang; Uncle Lu paid Aunt Liang 100,000 yuan in compensation.
Judge's statement
Chen Ying explained that marriage is based on the feelings of the husband and wife, and the relationship between the rights and obligations of the husband and the wife is the bond. The marriage relationship needs to be maintained by both parties.
After two years of separation due to emotional discord, the mediation is invalid and the divorce shall be granted.
If one spouse bears more obligations due to raising children, caring for the elderly, assisting the other in work, etc., at the time of divorce, the spouse has the right to request compensation from the other spouse, and the other spouse shall make compensation.
Both the plaintiff and the defendant in this case have passed their ears and their children have been married and have children. They should have been living together for three generations to enjoy the happiness of family, but when the marriage and family life encountered difficulties, they did not choose a suitable and effective communication method. It is even abandoning the children and failing to fulfill their obligation of raising.
The woman encountered the situation of being "divorced" in her old age, and she did not want to divorce from the heart of traditional housewives. In addition, for many years alone, she paid more for her children to go to school and manage the marriage.
The Marriage and Family Chapter of the Civil Code has been revised to provide the woman with financial compensation for divorce, affirming the woman's economic value to the family and contribution to the marriage in the process of raising children, and has the effect of maintaining social public order and good customs and marriage ethics.
With the continuous enrichment of social material life, children should pay more attention to the spiritual care of the elderly while providing material support for their parents.
Whether it is parents, children or husband and wife, what they ask for in court is not only property, but also the comfort and care of family. I hope that the elderly all over the world will be able to rely on their old age and enjoy their old age.
This edition / our reporter Song Xia