The home contends for bequest artificially and the play of fall out is piled up already much enougher
But today this case however having a unique style
The elder sister abandoned right of inheritance
Wife already also died
Look like a remnant " I " a person
How does bequest portion also calculate however not clear
Did wife already die to still enjoy bequest however?
"I " 50% what can you take legacy only?
How does the lawyer say in light of
1
Q1
My parental under one's name has one flatlet to produce, they are in 2000 when die, all not testate. I still have an elder sister, we applied for to deal with successive notarization 2007, after the elder sister abandons right of inheritance, I obtain parental house property, also dealt with formalities of change the name of owner in a register. The problem is, my wife died 2003, this house property of my under one's name or I and her common property? If be, is her portion half or 25% ?
A1:
Hello, according to your description, your parents died 2000, if divide you,is other successor outside the elder sister, basis " inheritance act " the 2nd regulation, accede to begin from be died by heir; The 29th sets, obtain content to counterpoise because of acceding, accede to produce effectiveness in the begining oneself. Because you do not have those who tell about you and your wife,marry time, to this two kinds of circumstances explain under cent:
The first, if was in 2000,you have not marry, criterion the belongings before your legal and successive house property portion is your marriage, your wife does not enjoy share.
The 2nd, before dying like your parents, you had married, basis " marriage law " the seventeenth regulation, husband and wife puts the worth that earning accedes during add in marital relation, divide a will or the husband returns only certainly in donative contract or wife husband and wife returns outside the belongings of one party collective and all. Your parents dies to did not leave a will, and you and relation of your wife marriage put add, criterion the common property that the house property portion that you acceded 2000 is you and your wife.
You and elder sister application dealt with successive notarization 2007, your elder sister when notarization abandons " right of inheritance " , basis " highest courtyard carries out < inheritance act about carrying out > the opinion of a certain number of problems " the 49th regulation, what its abandon is the right of inheritance of this house property, is not droit, in the meantime, basis afore-mentioned " opinion " the 51st regulation, abandon successive effectiveness, restrospect to accedes initial time, remove you to accede from 2000 namely this house property. Because your marriage relation put add 2000, so date from comes to acceded 2000 the husband and wife that in the begining this house property is you is collective belongings, the portion of your wife is 50% .
2
Q2
Big 4 schoolgirls, this year 21 years old, be in the school in the evening one of these day when the library studies by oneself in scheduled time, be hurt by pummel of one new man facial ministry, harelip of corners of the mouth, escape after. After school instructor is informed, send its toward the hospital to seam a needle, call the police subsequently. Monitoring is not had inside the library, the back that escapes from the person that doorway monitoring investigates commit physical assault or murder and the front door kinescope that enter the library, but more ambiguous, it is a student likely very. The person that if search,be less than do violence excuse me, what responsibility should the school assume?
A2:
Hello, whether does the school need to assume responsibility, should the fault circumstance according to the school and whether to fulfill corresponding obligation to judge.
According to your description, this school fastens an university, for " the student harms trouble removal method " (the following abbreviation " " method " " ) in the college that weighs. Basis " method " the 14th regulation, violate criminality because of what individual of etc of student, teacher carries out intentionally, cause student person to damage, all answer by do violence person assume corresponding responsibility lawfully.
Basis " method " , " program of processing of campus sudden incident and method " wait for relevant law laws and regulations to set, the school is accountability build perfect and safe system, take corresponding administrative step, precaution and the safe hidden danger that eliminate the presence in teaching education environment. Basis " method " the 8th regulation, produce a student to harm an accident, cause student person to damage, the school ought to according to " tort liability law " the regulation that reachs relevant law, code, assume corresponding accident responsibility. If need the school to assume responsibility, need to satisfy the following requirement:
The first, the school carried out the act that violates safe safeguard obligation, and this behavior and damage have between the fact causal. Because this case happens in the library of the school, you can pay close attention to the library to whether have entrance guard system, do violence person it is the personage inside school or outside school personage, the controller of the library or be on duty personnel has wait a moment without careless omission, will maintain the school to whether disobey its behavior of safe safeguard obligation, school and damage have between the fact without causal and whether to need to assume fault responsibility.
The 2nd, the undergraduate is damaged by person belongings, according to your description, this element is accorded with.
3
Q3
The commodity house that we buy (already made a room more than two years) , we are a bazaar before this. Development business builds apartment block on bazaar again now, the pollution such as noise, dirt is serious now, we will naturally be held off after building this one light and vision. When buying a house, development business was not informed should build apartment block. How should we safeguard our legitimate rights and interests excuse me? Thank.
A3:
Hello, according to your description, you can undertake negotiation with development business first, do not talk things over, can consider to safeguard oneself legitimate rights and interests through litigant method.
Basis " matter right law " the regulation that concerns about photograph adjacent, be like " matter right law " the 89th " make a fabric, must not disobey a country to concern project standard, the ventilated, daylighting of building of cloggy photograph adjacent and sunshine. " matter right law " the 90th " praedial obligee must not disobey a country to provide discard solid waste material, arrange the harmful matter such as radiate of air pollution content, water pollution content, noise, smooth, electromagnetic wave. According to afore-mentioned laws, recombine your description " development business builds apartment block on bazaar again, the pollution such as noise, dirt is serious now " , the harmful matter that these discharging may affect your healthy right, and " block of flats " you may affect again after building " daylighting counterpoises " , because of this basis afore-mentioned regulations, you have legitimate rights and interests to need to protect really.
What need reminds is: If want to sue,settle this dispute, when sueing, you should make clear bilateral legal relationship, state identity of main body of former, the accused correctly, collect seriously, constituent evidence. If be to be based on building business contract, you should sue the appearance opposite party of the contract to develop business namely, if be based on tort relation, you should sue enroach on you are one that of legitimate rights and interests. Be based on contract concern or tort relation to sue, because of both can choose only firstly, the evidential circumstance proper motion that the lawyer suggests you are collected according to the actual condition of the case and you chooses.
4
Q4
The village has a building, arrive without 1 building originally the elevator that loses 2 buildings, other the building has, business of the development after thought fors the time being later agrees to add lift. But the elevator appearance that this Duan Xinzeng discovers when making a room is pallet, traversal speed is slow, noise is big, have huge safety hidden trouble at the same time. Developing dealer response to say this paragraph of elevator is given, when planning, do not have, if dissatisfactory can demolish. Excuse me, how should we do?
A4:
Hello, whether is buy room contract according to buying what you and development business sign when the room at the outset or the contract provision at elevator concerned on other file, need to divide kind of circumstance specification:
The first, if have similar " 1 ladder 2 " , " deserve to install elevator " , " elevator material is qualitative " wait for relevant provision to restrain, develop business to be suspected of break a contact, the cost of this elevator has been included in the money that buy a house, development business ought to deserve to install according to contract agreement accord with the contract agrees or with other building is coequal inside this village the elevator of standards quality.
The 2nd, if be in the file such as the contract that buy a house,do not have relevant tie clause, criterion the standards quality problem of this elevator needs other file to confirm. Because develop business to reply,this paragraph of lift is given, you were not mentioned whether to sign relevant and written agreement to perhaps stay have relevant written evidence. If have, criterion the installation of this elevator and quality standard ought to accord with written consultative agreement. If do not have, criterion the installation of this elevator is you the oral agreement between owner and development business, still need other and relevant evidence to prove to the standards standard of elevator, whether to have development business for example " prep according to metric system of other building elevator is built " the recording that waits for acceptance, relevant chatting record, open circumstance.
Below two kinds of afore-mentioned circumstances, if you have corresponding evidence to prove elevator does not accord with you and the agreement that develop business or the relevant acceptance that develop business truly, can negotiate with development business or sue to the court directly, ask its are demolished and reinstall the elevator that accords with your both sides to agree.
Describe to you " elevator has huge safety hidden trouble " problem, the proposal asks professional to have a test to size of the safety performance of elevator, noise, affirm whether its accord with a country " elevator makes as safe as installation standard " requirement, if be not accorded with, can ask to develop business to change accordingly close compasses elevator.
5
Q5
My classmate is planar design major, her design work is issued in her unwitting circumstance by others, go off with applied for burgeoning exterior to design patent, and because this is patent, added development cent, obtained a graduate student to push avoid a qualification, how should handle?
A5:
Hello, according to your description, your classmate can safeguard his legitimate rights and interests through lawsuit.
Basis " top people court about trying a certain number of regulations of problem of statute of comfortable use of patent dispute case " the 15th regulation, people court accepts encroach patent dispute case, involve the right to conflict, ought to protect prevenient the legitimate rights and interests of the party that enjoys the right lawfully. The 16th sets, what the 23rd place weighs exclusive law is prevenient obtained legal right includes: Authority of name of trade mark right, copyright, company, effigies authority, famous merchandise is peculiar pack or decorate access. Because your classmate designs exercise to have copyright to its, and her design work is issued in her unwitting circumstance by others, go off with applied for the exterior to design patent, the legitimate rights and interests of your classmate is really by enroach on.
In view of, at present exterior design patent applies for to had put forward (whether to obtain authorization, your issue exercise problems was not made clear) , according to " top people court about trying a certain number of regulations of problem of statute of comfortable use of patent dispute case " , " top people court about trying copyright civil dispute case is applicable law the explanation of a certain number of problems, your classmate can mention according to the actual condition of the case copyright tort lawsuit, patent application counterpoises or patent right belongs to lawsuit. Obtain a graduate student to turn the problem that avoids a qualification accordingly as to the infringer, although do not involve legal issue, but enough reflects quality of this student morality, proposal your classmate to school square report relevant circumstance.
