Someone says " marry the daughter that go out to sprinkle the water that go out " , actually this is a kind confirmed " heavy male light female " thought, but this kind of thought is in a rural area is very general however.
A lot of outside marry female face such quandary: A married woman's parents' home tears open change, the portion that drafts the ground to compensate a paragraph to do not have his however. Is this kind of phenomenon in jural what sets? We look today.
Marry outside female bewilderment
Compensate a paragraph about asking for the ground: Have many outside marry female reaction, brother of parents of a married woman's parents' home one everybody child can distribute compensation fund, only alone oneself do not hold a share, is this reasonable?
To outside marry female doubt, the man in the home can say normally: You are married early went out, also do not have for years so accompany parents to live, the money that tear open change does not have your portion for certain.
About land: Be in a country, land is important manufacturing data, no matter whether be the home to be engaged in agricultural production, all along is " fight for everything " . But to outside marry female for, marry when them after going out, was thought to cannot distribute land in a married woman's parents' home again by silent.
Marry outside female heart thinks, compensation fund does not have my portion, land also does not give me, is this what? We also does not know, we also dare not ask.
Accord with a condition, marry outside female have corresponding rights and interests
Basis " rural land contracts law " (amendment) the 6th regulation, "Member of the family inside farmer lawfully equality is enjoyed contract each rights and interests of land. " and " woman rights and interests protects a law " thirtieth sets 3 times:
"Any organizations and individual are not gotten with the woman maiden, marry, divorce, bereft of one's spouse for, enroach on woman organizes each medium rights and interests in rural collective economy; Because marry, the man arrives of settle of woman dwelling place, the man and children enjoy the rights and interests that organizes member equality with seat country collective economy. The man and children enjoy the rights and interests that organizes member equality with seat country collective economy..
So, outside wanting only, marry female outside marry but without change census register or census register still is in place is maintained to be collective member, should enjoy find a place for the corresponding share that compensates a paragraph. There is change census register after be being married outside, and did not obtain in new residence dwelling place contract of the ground, its are in of a married woman's parents' home original contract the ground still is her is lawful and all, anybody is irrecoverable.
Particular case is analysed
Home Laoli has 5 daughters, all already outside marry, one paper asks for the government recently the ground tears open change announcement to make him pained unceasingly, do 5 daughters that marry outside oneself have the right to take moneys of these the compensation that ask for the ground? We look respectively.
1, after getting married husband's family of ingoing of registered permanent residence (country)
Had gone to change of registered permanent residence when daughter marriage greatly husband's family, and had acquired new land in husband's family, the land that had lost a married woman's parents' home right now contracts right of administration, big daughter cannot obtain fund of corresponding the compensation that ask for the ground.
Although 2 daughters marry when also go to change of registered permanent residence husband's family, but did not obtain new land to contract in husband's family right of administration, right now 2 daughters can obtain fund of corresponding the compensation that ask for the ground.
2, after getting married town of ingoing of registered permanent residence (a wide place in the road)
Basis " land of country of People's Republic of China contracts law " the 26th regulation: "Contract period inside, hair bag just must not call in contract the ground. Contract period inside, contract of settle of a wide place in the road of square family ingoing, ought to according to contract square apiration, withhold its land to contract right of administration perhaps allows his to undertake land contracts lawfully right of administration is on the move. " 3 daughters as it happens accords with this condition, that is to say 3 daughters have authority to obtain fund of the compensation that ask for the ground.
3, husband's family of ingoing of the registered permanent residence after getting married (town)
Husband's family of ingoing of the registered permanent residence when 4 daughters get married, gain town number of households and total population, the delegate has broken away from organization of former rural collective economy, according to law formulary land sends a bag to just should call in land contracts right of administration, so 4 daughters had lost raw land to contract right of administration, encounter fund of the compensation that ask for the ground cannot be obtained when asking for the ground to tear open change.
4, the registered permanent residence after getting married not change goes
The registered permanent residence when 5 daughters get married does not have ingoing husband's family, stay in a married woman's parents' home however, withheld " primitive the member that obtain collective economy to be organized " status right, right now 5 daughters have authority to obtain fund of corresponding the compensation that ask for the ground.
Marry outside how do female divorce or bereft of one's spouse do?
Without giving thought to outside marry female marry country or city, after divorce or berefting of his spouse, change of its registered permanent residence returns ancestral home, and do not enjoy relevant rights and interests in other place, outside maintaining this commonly, marry female belong to the member that collective economy organizes this village, in encounter when asking for the ground to tear open change, enjoy as other as this village person be expropriationed is equal compensation finds a place for pay.
Law provides support, marry outside female can be at ease the bold legitimate rights and interests that uses legal weapon to safeguard his!
The picture originates network