"Laolai " die, the family member wins 880 thousand compensation! The lawyer expresses: Need not he

Recently, dai Yonghua of appropriate guest man in Fujian blessing Qing Dynasty processing factory of a cobble breaks out an accident, rescue is invalid die. Via talking things over, arenaceous stone factory is one-time compensatory dead is mortuary grant-in-aid, make offerings to relative pension, project is gone each cost such as expenditure of grant-in-aid and relative going there and back is total 880 thousand yuan are rectified. This money paid Dai Yonghua daughter Li Li.

After taking compensation money because of all sorts of cause, daughter and son-in-law put down ashes of the dead to leave old home that day, taking this compensation fund to break couplet.

If have bequest,debtor dies, successive bequest also needs children everybody knows successive debt.

But the lawyer expresses however: "Li Li does not have compulsory repay a debt! " how do this return a responsibility?

Above all, we make clear the definition of bequest and compensation first:

? Bequest: Our country " inheritance act " the 3rd regulation: "The individual that bequest is the bequeath when the citizen dies is lawful belongings " ,

? The range that bequest includes:

1. Lawful income of the natural person;
2. The natural person's building and articles for daily use;
3. The natural person's forest, domestic animals and fowl;
4. Data of the natural person's cultural relic, books;
5. Law allows a natural person all manufacturing data;
6. The property right in the natural person's copyright, patent;
7. Other and lawful belongings of the natural person, basically be to point to all sorts of bill, negotiable securities and the are belongings creditor's rights that fulfill mark to wait.

Accordingly, the premise that can become heritage in our country is this belongings should be the individual that before be being died by heir, leaves lawful belongings.

? Compensation: Our country " tort liability law " mix the 16th times " about trying statute of comfortable use of person damages case the explanation of a certain number of problems " the 17th, the 18th in regulation: "The victim suffers person to damage death, compensatory obligor ought to compensate for funeral expenses, solatium be harmed by compensation of living cost of bring up person, death, spirit and victim relative to handle the other and reasonable charge such as the loss of delay one's work of defray of mortuary matters concerned.

According to this one relevant provision: The compensation that the citizen is harmed as a result of the body and dead place wins, it is losing of income of future of close to the victim relative compensates for obligor, it is the property that after the dead dies, just produces. Have the quality of economic compensation and mental solatium.

Cheng Feng's lawyer also shows controller of the center of high end of Chengdu of China will library that register: From the point of the request obligee of dead compensation, the obligee of dead compensation is the dead's close relative, be not him dead, its are the belongings that belongs to the dead's close relative only. Top people court " about dead compensation whether the reply that handles as bequest " in, also making clear dead compensation is the belongings that belongs to the dead's close relative only.

Is parental debt children responsible assume? This is the question that a lot of debtor often are asking, know especially " Laolai " when be missing or dying. So,

? Below what circumstance, children must assume parental liability:

If grown children and parents live together, criterion the debt that parents owes uses a family common property remands; If parents dies, children acceded parental bequest, accede in bequest reimbursement obligation is assumed inside limits; If parental death children does not have successive belongings again, criterion children is compulsory without reimbursement.

This incident, the dead's daughter already married a person, get for compensation, compensation does not reside the dead's heritage, nature of the compensation that get is not equal to successive bequest.

So if " Laolai " dead, did not leave any legacy, a minute of fund with the true money that owes before that otherwise came back?

Actually otherwise, if have when lending money at the outset,had done be on guard accordingly, so after debtor is dead, also be to be able to want to return money:

Sign receipt for a loan to be able to sign corresponding pawn, do good notarization; Debt whereaboutldirection is made clear when signing receipt for a loan, if be used at " the family is collective defray " , so family is accountability reimbursement; Look for tripartite to undertake assuring (can be kin of the other side, friend) , cannot fulfill to moment debtor so, security is accountability assume responsibility.

Although the lawyer makes clear the debt before expressing not to need to assume father one's own, dan Lili says: If kin can take a corresponding receipt for a loan,perhaps turn Zhang proof or meeting undertake repaying.

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