Safeguarding woman children to close right increase lawfully is place of duty of organization of the Women's Federation. Prefectural the Women's Federation is used every week time of one regular meeting, open " little lecture room of Zhou Yiwei authority " , regard collective study as medium fixed column, study dimension authority case, begin for what Fu daughter Tong Weiquan works offer knowledge to lay in.
Dimension authority case
This period intellectual point: " inheritance act " regulation, when bequest is broken up, ought to retain fetal successive share. Fetal dead body is when be born, the portion of reservation undertakes according to legal afterwards manage; The right of inheritance of incompetence person, get bequeath right, by his legal agent for you exercise; Parents has certainly and the right that protect minor children and obligation.
[masses calls in]
In abdomen fetal can you distribute bequest?
Last year, I and husband date understanding, because each other are mature young person, talked so before long, we get card marriage. After marriage, two old people urge we want the child as soon as possible, I think my age is old also, be to should want the child. 3 months after marrying I was pregnant. The husband feels distressed I, let me resign the job, of one mind installs an embryo in the home.
But sad thing happened. The passenger car that takes in marital road bussiness trip produced traffic accident, marital accident dies. After the husband dies, husband's father and mother lets me destroy the child, I am hated to part with.
Before marrying, the husband bought one flatlet, still have deposit several yuan. To break up these bequest, the chaos in the home became a complete mess. Before husband's father and mother thinks this house is marital marriage, buy, belong to marital personal property, did not concern with me, let me move out as soon as possible, the mother-in-law still says, since the husband had died, our marital relation removed automatically, I and their home also it doesn't matter concerned, house and deposit nature do not have my what thing. What I feel my abdomen is medium is fetal the one's own flesh and blood that is the husband, calculate me to do not have right of inheritance, is what be born fetal should also have? I insist to want fetal be born, must be fetal strive for due bequest, ensure the following life.
Excuse me, in my abdomen fetal have succession?
Call in masses cropland lady
[the Women's Federation replies]
Cropland lady:
" inheritance act " regulation, when bequest is broken up, ought to retain fetal successive share. Fetal dead body is when be born, the portion of reservation undertakes according to legal afterwards manage; The right of inheritance of incompetence person, get bequeath right, by his legal agent for you exercise; Parents has certainly and the right that protect minor children and obligation.
Visible, in successive case, ought to consider fetal benefit. When bequest is broken up, ought to retain fetal successive share. This kind of system is called " system of fetal obligate portion " .
System of fetal obligate portion, often be not taken seriously in daily life, this is gone against apparently fetal the protection with maternal rights and interests, also cannot offer material to ensure for postnatal baby. According to system of fetal obligate portion, in your abdomen fetal it is to enjoy bequest of successive qualification, he should enjoy bequest. In view of fetal still be in the physiology feature in abdomen of the mother's body, reservation gives fetal bequest, answer according to this by its mother, namely you manage for you.
When involving successive issue, the female should be known lawfully thought fors the time being, and premise learns a law to know a way namely, ability adds up to right beneficial to find theory to prop up for defend with legal basis.
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