In recent years, a few new cases, new issue appeared in the successive dispute case that Beijing court hears. Had handled this kind of issue for appropriate, classics Beijing is advanced survey of people court development, seek an opinion extensively, with respect to Beijing of relevant difficulty problem 3 class court reachs basic consensus or mainstream opinion. On this foundation, on June 11, 2018, senior people court tries Beijing committee [2018] the 9th times the conference is passed " court of Beijing senior people accedes about cognizance dispute case of a certain number of difficulty problems solve " .
One, successive main body
1. with legal and successive or the will is successive wait onefold and successive to lodge a complaint of kind of brief of a case, the party in cognizance puts forward to include legal and successive, will successive, bequeath, bequeath brings up an agreement to wait inside many accede kind of request, if why be handled?
In successive case cognizance, party puts forward legal and successive, will respectively what divide into equal parts of agreement of bring up of successive, bequeath, bequeath belongs to different brief of a case is successive kind of request, court of in principle people should give along with all the others cognizance, brief of a case rates successive issue. Truly because involve party numerous and different and phyletic successive request tries inconvenience along with all the others at lawsuit, but Shi Ming party parts to lodge a complaint.
Has 2. bequest not manage like where from the separate out in mutual belongings? When there is case alien rights and interests in bequest, manage like where?
Bequest of experience of successive case place not from the separate out in mutual belongings, if share the mutual right average per capita of belongings to join suit as successive case party, party of people court Ying Shiming puts forward to break up analyse produces lawsuit to request, try along with all the others in successive case, label break up analyse is produced, successive and paratactic brief of a case. Do not put forward what analyse produces lawsuit to request to break up via the party after Shi Ming, still put forward successive request to sharing belongings entirely, people court should adjudicate reject lawsuit to request.
Truly evidence shows bequest of experience of successive case place and power of case alien presence belong to controversy, start off before the others of party other case handles Ying Shiming this authority belongs to controversy.
3. has evidence to show the likelihood exists to did not attend other successor of lawsuit to exist, if why be handled? Whether should find out according to powers and authorities of office by the court?
There is preliminary evidence to show the likelihood has in successive case other the heir that did not join suit exists, people court should depend on powers and authorities of office to undertake investigating checking in hypostatic adjudgement. According to already had evidence and the evidence that check according to investigation of powers and authorities of office all cannot corroborant of the existence of this natural person and heir identity, people court does not grant to increase.
2, bequest limits and break up
Pension of mortuary and 4. death compensation, accessorial cost, death whether handle along with all the others in successive case?
In successive case, the close relative that if authority obtains pension of mortuary and dead compensation, accessorial cost, death,waits for belongings all attends a case to try as party, raise the worth such as pension of mortuary and dead compensation, accessorial cost, death break up a request, people court can handle afore-mentioned property along with all the others in successive case break up.
5. public house bear hire powers and functions to deny accede as bequest?
The public house before party requests to accede to be given birth to by heir bear hire advantageous position, the executive authority that people court should inform party to be in to public house droit or unit application deal with public house tenant to change procedures, party holds to successive request, people court ruling is rejected sue.
6. is bought by heir fair Fang Shigen occupies standing policy welfare, use already died conjugal length of service loses the money that reach a house, what obtain standing policy welfare whether break up as bequest after convert?
When buying public house by cost price or standard value, according to the country concerned policy convert already died length of service of conjugal one party and those who obtain policy sex welfare, the individual part of property value should serve as correspondence of place of welfare of this policy sex to already died conjugal bequest gives successive.
The reference of property value computation of correspondence of place of welfare of this policy sex is formulary: (already died market prise of the building when the individual part ÷ of value of property of correspondence of conjugal length of service buys public house) × building present worth.
7. country curtilage house of base main rooms whether applicable bequeath?
Before bequeath life will curtilage this collective economy organizes bequeath of house of base main rooms the person beyond, the view after sufferring bequeath person to die in bequeath person is obtained because of bequeath curtilage of droit of house of base main rooms, people court does not grant to support.
The parents in 8. farmer family and partial children are in all, this children did not break up separately and divide newly curtilage base. When parents dies, the children that already broke up separately whether is the view right corresponding curtilage does house of base main rooms undertake acceding?
Children of the part in farmer family and parents break up to pass additionally; Partial children and parents are in all and not new branch curtilage base. When parents dies, the filial position that already broke up to pass additionally is right corresponding curtilage house of base main rooms undertakes acceding, people court does not grant to support. Ying Shiming party can be opposite people court corresponding curtilage view of value of convert of house of base main rooms is successive.
Identity of the member that afore-mentioned breaking up that cross children additionally to still be organized for rural collective economy and did not obtain curtilage of base, the view is corresponding curtilage of right of house of base main rooms, should grant to support.
The place after 9. is died by heir somethings lost curtilage base building is turned over extend, if why be handled?
After be being died by heir, agree without heir, do sth without authorization is right before life be accedinged all curtilage house of base main rooms undertakes turning over extend, do not affect affirmatory already this curtilage portion of bequest of house of base main rooms differentiates.
Heir has authority to ask afore-mentioned do sth without authorization change extend person to assume the responsibility such as loss of reply original state, compensation, but live actually the heir that runs a house is stemmed from live use, the except that safeguards administrative goal to undertake turning over extend to the building.
10. is right before life be accedinged curtilage the person that base building turns over extend existence to contribute, advocate curtilage of base building right, if why be handled?
To be being given birth to by heir before curtilage the person that house of base main rooms turns over extend to be put in contribution truly, accordingly the view enjoys what house of base main rooms shares power or increase corresponding and successive share curtilage, people court does not grant to support. The corresponding compensation that advocates accordingly to its requests, people court should according to corresponding evidence, respect custom habit, set out from fair angle, in judgement legal impact property belongs to side of the free between given, relative to help up also or on the foundation of debt, whether to support certainly.
11. breaks up without examining and approve as the urban house one-storey house of bequest build, rebuild, extend, did not obtain new property right evidence to perhaps cannot handle card of new property right via making clear, heir asks to accede this building, if why be handled?
The urban house one-storey house that serves as bequest breaks up without examining and approve build, rebuild, extend, did not obtain new property right evidence to perhaps cannot handle card of new property right via making clear, heir requirement is successive this building and break up use, people court should grant to support. But people court should be made clear in the court decision, nonfeasance of this court decision tears open change to compensate a basis; Whether to belong to violate the rules and regulations clearly to this building building, whether obtain house property evidence, should be in charge of a branch to decide according to relevant provision by relevant administration.
An usance power that when 12. is died by heir, has not achieve expect sexual right, whether request to accede as bequest?
An usance power that was not made by condition of right of the exercise when heir dies expect sexual right, when should waiting for a condition to accomplish, advocate bequest is broken up; This implementation that expects sexual right with corresponding obligation, be answered to assume corresponding obligation along with all the others when benefit of right of inheritance by heir.
Bequest of one party of unsettled of 13. divorce vogue, another whether hold the right?
The one party when the divorce is obtained during marital relation puts add but the bequest that has not handle actually, the spouse just requests to affirm and break up the right in this bequest, people court does not grant to support, after the spouse just can wait for bequest to be handled actually, advocate separately.
Spouse square with enroach on husband and wife the action that the request confirms another to abandon bequest acceding for common property right disables, or request damages, people court does not grant to support.
The request in 14. successive dispute undertakes droit intersected to one-storey house of residence of urban whole set, house, if why be handled?
Request of several heir in successive dispute will register the bequest that is whole set residence to break up amount to praedial matter right undertakes acceding, people court does not grant to support.
Successive dispute request will register the bequest that is residential one-storey house to break up amount to praedial matter right undertakes acceding, administration is in charge of mechanism opinion related Ying Xianzheng ask, break up to whether having physics, the condition that handles praedial authority card alone undertakes making clear. Avoid to appear to carry out a circumstance hard with relevant policy conflict.
Afore-mentioned impartible amount to praedial matter right undertakes acceding, request of lawsuit of change of Ying Shiming party is people court to counterpoise to praedial content successive portion undertakes deciding, can request to undertake be used actually breaking up.
