Chinanews client, Beijing, December 30th (Lang Lang, Peng Ningling) Under what circumstances can I request the return of the gift?
Can children who do not fulfill their filial piety get an inheritance?
Does the wife’s unauthorized termination of pregnancy infringe her husband’s reproductive rights?
On the 30th, the Supreme People’s Court issued the first batch of seven new judicial interpretations that are compatible with the Civil Code, clarifying the above-mentioned hot topics of concern from a legal perspective.
The new judicial interpretation will be implemented simultaneously with the Civil Code on January 1, 2021.
Data map: The picture shows the Supreme People's Court.
Photo by Li Huisi
——The capital contributed by parents to buy a house before marriage is personal property
Is the house bought by parents before marriage as personal property or owned by the couple?
Regarding this issue, the "Interpretation of the Supreme People's Court on the Application of the "Civil Code of the People's Republic of China" Marriage and Family Edition (1)" continues the relevant provisions of the judicial interpretation of the current Marriage Law.
Before the parties get married, if the parents contribute to the purchase of houses for both parties, the contribution shall be deemed to be a personal gift to their own children, unless the parents expressly stated that the gift is made to both parties.
After the parties are married, if the parents contribute to the purchase of houses for both parties, they shall be dealt with in accordance with the agreement; if there is no agreement or the agreement is not clear, it shall be dealt with in accordance with the principles stipulated in the first paragraph of Article 1062 of the Civil Code.
——The court supports the return of the lottery in these three cases
The bride price, for people in some areas, is not a small expense during the marriage process. Under what circumstances can the money be returned?
The Interpretation of the Supreme People's Court on the Application of the "Civil Code of the People's Republic of China" Marriage and Family Edition (1) clearly states that if a party requests the return of a customary gift, the people's court shall support it if the following circumstances are found:
1. Both parties have not gone through the formalities of marriage registration;
2. Both parties go through the formalities of marriage registration but do not live together;
3. The payment before marriage causes difficulties for the payer.
The provisions of the second and third items of the preceding paragraph shall be subject to the divorce of both parties.
Data map: The marriage registration authority handles marriage registration for the new couple.
Photo courtesy of Chongqing Civil Affairs Bureau
-Persistent and frequent domestic violence is considered abuse
At the press conference, the relevant person in charge of the Supreme Law stated that in the revision and formulation of the supporting judicial interpretation of the Civil Code, it is necessary to consider promoting the harmony and stability of marriage and family.
At the same time, we must also focus on guiding the establishment of a good family education and family style, promote family virtues, and promote the construction of family civilization.
For example, on the basis of the Anti-Domestic Violence Law clearly stipulating domestic violence, the identification of persistent and frequent domestic violence as abuse reflects the distinct value orientation of resolutely saying "no" to domestic violence.
——Does the wife’s unauthorized termination of pregnancy violate her husband’s reproductive rights?
Without consultation, the wife's abortion of pregnancy without authorization is regarded as a violation of her husband's reproductive rights?
The Interpretation of the Supreme People's Court on the Application of the "Civil Code of the People's Republic of China" Marriage and Family Edition (1) clearly states that the people's court will not support the request for damages on the grounds that the wife has violated her reproductive rights by terminating her pregnancy without authorization.
If the husband and wife have a dispute over whether they have childbirth, and the relationship has indeed broken down, and one party requests a divorce, the people's court shall invalidate it after mediation, and shall handle it in accordance with the provisions of Article 1079, Paragraph 3, Item 5 of the Civil Code.
Data Map: Photograph by Yang Jifeng, the newlywed in wedding dress
——Respect the wishes of children over 8 years old in disputes over custody of minor children
At the press conference, the relevant person in charge of the Supreme Law stated that in the revision and formulation of the supporting judicial interpretation of the Civil Code, attention was paid to protecting the legitimate rights and interests of women, minors, the elderly and the disabled.
For example, in disputes over the custody of minor children, implement the principle that is most beneficial to minor children, respect the true wishes of children over 8 years old, and delete the original 10-year-old rule.
——Can the husband and wife change their children's surnames to stepparents' surnames without authorization after their divorce?
After a divorce, the question of who the child should be given the name is often discussed by the public.
After a couple divorced, one of them arbitrarily changed the surname of the child to the surname of the stepparent, which is more likely to cause disputes.
In this regard, the "Interpretation of the Supreme People's Court on the Application of the "Civil Code of the People's Republic of China" Inheritance Edition (1)" clearly stated that parents shall not refuse to pay child support due to the change of the surname of the female.
If the father or mother arbitrarily changes the surname of the child to the surname of the stepmother or stepfather and causes a dispute, it shall be ordered to restore the original surname.
Data map: The old people in the nursing home sang and danced to celebrate the arrival of the New Year.
Photo by Zhong Sheng
-Those who do not fulfill their filial piety have little or no inheritance
It’s not uncommon to see news about not being filial to your parents but participating in the division of inheritance.
The deceased who needed to be supported were not supported and proposed to divide or even divide the inheritance.
The Civil Code stipulates that if heirs who have the ability to support and have the conditions for support fail to fulfill their obligation of support, the inheritance shall not be divided or divided into less.
The Interpretation of the Supreme People’s Court on the Application of the "Civil Code of the People’s Republic of China" Inheritance Edition (1) further clarified that although heirs with the ability to support and support conditions live with the deceased, they do not provide adequate support to the deceased in need of support Obligations, when the inheritance is distributed, can be divided less or not divided.
——The inheritance of the inheritance of the step-parents will not affect the inheritance of the inheritance of the biological parents
Stepchildren inherited the inheritance of their stepparents, can they still inherit the inheritance of their biological parents?
The Interpretation of the Supreme People's Court on the Application of the "Civil Code of the People's Republic of China" Inheritance Edition (1) clearly states that if a stepchild inherits the inheritance of a stepparent, it does not affect the inheritance of his biological parents.
If the stepparent inherits the inheritance of the stepchild, it shall not affect the inheritance of the child.
——How the fetus inherits the inheritance
The Interpretation of the Supreme People's Court on the Application of the "Civil Code of the People's Republic of China" Inheritance Edition (1) clearly states that if the share of the inheritance that should be reserved for the fetus is not reserved, it should be withdrawn from the inheritance of the heir.
The share of the inheritance reserved for the fetus, if the fetus dies after birth, shall be inherited by its heir; if the fetus is dead at the time of delivery, it shall be inherited by the heir of the deceased.