The movie "Disappearing" is popular. At present, the box office is as high as more than 3 billion. What is the disappearance?Is it love?Is life?Or humanity?But the law will not disappear, let the lawyer take you to understand the family legal issues that may involve "Disappearing her".
Question 1: Husband He Fei killed his wife Li Muzi, can he still inherit Li Muzi’s property?
The lawyer replied: Do not enjoy the right to inherit.
According to Article 1,25 of the Civil Code [Lost and Recovery of the Rights of Inheritance], the heir has one of the following behaviors, and the right to lose the right of inheritance: (1) intentional killing the heir;(3) Disdling the inheritance of the person, or the abuse of the heirs is serious; (4) forgery, tampering, concealing, or destroying the will, and the circumstances are serious;The plot is serious.The heirs have the third to fifth item of the previous paragraph to the fifth item, and there is indeed a performance of repentance. If the heir expressed the forgiveness or listed it as the heir in the will afterwards, the heir does not lose the right to the inheritance.Anyone who has the first paragraph of this article has the right to suffer from the gift.
According to the film plot, Li Muzi’s parents died, and the fetus was not born.However, in order to obtain the inheritance right to murder Li Muzi, he has absolutely lost his right to inheritance and should bear the corresponding criminal liability.
Question 2: Husband He Fei owes huge gambling debts, is it a common debt of husband and wife?
The lawyer replied: It is not the joint debt of the husband and wife.
According to Article 1064 of the Civil Code [Common debt of the husband and wife] The joint signature of the husband and wife or the husband and wife will be consent to express the debt, as well as the husband and wife’s party during the marriage relationshipLife needs the debt that needs to be a joint debt of the husband and wife.During the marriage relationship, the husband and wife side exceeded the debt of the family’s daily life during the duration of the marriage relationship, and it is not a joint debt of the husband and wife;except.According to Article 34 of the Supreme People’s Court on the Explanation of Marriage and Family Editorials of the People’s Republic of China (1) ", in Article 34 (1)", the couple’s debts areIf the three claims that the debt is the joint debt of the husband and wife, the people’s court will not support it.
He Fei is addicted to gambling. Li Muzi has repeatedly persuaded. Li Muzi did not sign it on the lending. He Fei borrowed huge sums of money was not used for daily expenses of the family, and he belonged to illegal debt, so he did not belong to the joint debt of the husband and wife.He Fei discovered the "Divorce Agreement" and killed his wife’s evil thoughts, but the careful audience may find that the "Divorce Agreement" drafted by Li Muzi is still willing to compensate He Fei 2 million yuan, which is considered to be benevolent.
Question 3: Li Muzi is pregnant, can you still be divorced?
The lawyer replied: During pregnancy, his wife Li Muzi could propose a divorce, and the husband could not propose a divorce.
According to Article 1082 of the Civil Code [Restrictions on the right to divorce the right to divorce] The man shall not propose a divorce during pregnancy, one year after childbirth or within six months after childbirth; however, the woman proposes a divorce or the peopleThe court believes that it is necessary to accept the request of the man’s divorce request.
There are three forms of divorce: 1. The couple go to the Civil Affairs Bureau to apply for a divorce; 2. One party sued to the court, and the two sides agreed with the court to mediate the divorce; 3. The other party sued the court, the two sides could not mediate, and the court judged.Although Li Muzi was pregnant, he couldn’t stand He Fei gambling. Li Muzi could propose a divorce. If he did not agree, he could have a divorce lawsuit.But if he proposes a divorce, he will receive legal restrictions.
Question 4: How to deal with Li Muzi’s legacy?
Lawyers answered: The probability is owned by the country and used for public welfare.
According to Article 1,27 of the Civil Code [The scope and inheritance order of the legal heir] inheritance in the following order: (1) the first order: spouse, children, parents; (2) second order: brotherSisters, grandparents, and grandparents.After the inheritance starts, the inheritance of the heir in the first order, the second order heir does not inherit; if the inheritance of the heirs in the first order, the inheritance of the inheritance of the second order.The children of this editor include children, children, children, adopted children, and step -children who have supporting relationships.Parents referred to this editor include parents, adoptive parents, and step -parents who have supporting relationships.The brothers and sisters referred to in this editor, including brothers and sisters of the same parent, brothers and sisters, siblings, brothers and sisters, and step -related steps and sisters who are raised.Article 1,060 of the Civil Code [The ownership of no one inherited the inheritance] The inheritance of no one inherited and no one was given to the country, and was used for public welfare.The collective ownership organization is owned.
According to the film plot, He Fei was sentenced to execution immediately. Li Muzi was murdered, and there was no will to make a will, and there was no legal first order and the second order heir.Essence