Point of View | Laugh at "Hot and Hot" and Detail "Common Sense of Law"-Marriage and Family
Published:
2024-03-13
This year's March 8th Goddess Festival, the law firm organized female lawyers to watch this year's hot "hot hot hot". As a legal person, after watching this movie, do you find the relevant legal issues implied in the movie? Let's talk about the legal issues in the movie "Hot and Hot.
This year's March 8th Goddess Festival, the law firm organized female lawyers to watch this year's hit "Hot and Hot". For this movie, most of the heated discussions were about the inspirational plot of Jia Ling and the transformation of women in a deeper level. Perhaps Jia Ling wants to convey to the audience through this film an important concept of loving himself and living for himself. But as a legal person, after watching this movie, do you find the relevant legal issues implied in the movie? Let's talk about the legal issues in the movie "Hot and Hot.
The legal requirements for the registration of changes in 1. real estate.
In the film, we can see Le Ying's sister Le Dan, in order for her children to go to school, proposed to transfer the property inherited by Le Ying from her grandmother to her name, and took a "power of attorney" for Le Ying to sign. For this reason, the two sisters fought and broke up in disagreement. But in the end, Le Ying came back and signed it. Can this "Power of Attorney" change the property to Le Dan's name?
Lawyer: No!
Article 161 of the the People's Republic of China Civil Code:"Civil subjects may perform civil juristic acts through agents. Civil juristic acts that should be performed by themselves in accordance with the provisions of the law, the agreement of the parties or the nature of the civil juristic act shall not be represented".
Article 162:"A civil juristic act performed by an agent in the name of the agent within the authority of the agent shall have effect on the agent".
Article 168:"An agent may not perform a civil juristic act with himself in the name of the principal, except where the principal agrees or ratifies. An agent may not perform a civil juristic act in the name of the principal with other persons acting at the same time as himself, except where both parties to the principal agree or ratify".
Article 216:"The register of immovable property is the basis for the attribution and content of real rights. The register of immovable property is administered by the registration authority".
Article 12 of the Rules for the Implementation of the Provisional Regulations on Real Estate Registration:The parties may entrust others to apply for real estate registration on their behalf. If the agent applies for real estate registration, the agent shall provide the real estate registration agency with a power of attorney signed or sealed by the agent. If a natural person disposes of real estate and entrusts an agent to apply for registration, he shall jointly sign a power of attorney with the agent at the real estate registration agency, except where the power of attorney is notarized.
From this, it can be seen that the signature was not in the notary office at that time, so only one power of attorney from Le Ying could not be registered for the change of real estate. It seems that Le Ying not only signed the power of attorney, but also cooperated with Le Dan to go to the real estate registration agency for the change registration.
Can 2. Leying enjoy Grandma's real estate alone?
From the conversation between Le Ying and Le Dan in the movie, Le Ying's house was not bought by her own money, but by her grandmother. With Le Ying's mother and sister still alive, can Le Ying's grandmother give the property to Le Ying alone?
Lawyer: Yes!
Article 657 of the the People's Republic of China Civil Code"A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses acceptance of the gift".
Article 659:"If the donated property needs to go through registration or other formalities in accordance with the law, the relevant formalities shall be completed".
Article 1123:"After the commencement of succession, it shall be handled in accordance with legal succession; if there is a will, it shall be handled in accordance with testamentary succession or bequest; if there is an agreement on bequest support, it shall be handled in accordance with the agreement."
Article 124"If, after the commencement of succession, the heir renounces the inheritance, he shall, before the disposition of the estate, make a written statement of renunciation of the inheritance; if he fails to do so, he shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after becoming aware of the bequest, make a statement of acceptance or renunciation of the bequest; if he fails to do so at the end of the term, he shall be deemed to have abandoned."
It can be seen from this that Le Ying's grandmother can dispose of her property, give it to Le Ying by way of gift, or give it to Le Ying by making a will. Therefore, Le Ying has the right not to transfer the house to her sister Le Dan.
3. it's not my child, am I obligated to raise it?
In the film, Le Dan has always disliked Le Ying's gnawing behavior and ridiculed Le Ying. At that time, when Le Ying refuted, Le Ying's mother mentioned the tragic situation that her sister Le Dan divorced and her ex-husband kicked her out and did not pay child support. However, Le Ying revealed the background that her sister cheated and the child was not the man. This is a "burden" in the play, which makes a lot of audience laugh, but it also reflects a legal problem. In this case, does the man have no obligation to support him? We are also often consulted by the parties about such "fraudulent support.
Lawyer's answer: unable to define business!
Article 165 of the the People's Republic of China Civil Code:"If the perpetrator infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability. If the perpetrator is presumed to be at fault in accordance with the provisions of the law and cannot prove that he is not at fault, he shall bear tort liability".
"Reply of the Supreme People's Court on Whether the Man Has Been Deceived to Raise Maintenance Fees from the Woman After Divorce of Non-biological Children During the Duration of the Marital Relationship" ([1991] Min He Zi No. 63):"During the existence of the relationship between husband and wife, one party adulterated with others and gave birth to a child, concealing the true feelings, and the other party was deceived and raised a non-biological child. Among them, the child-care fee paid after divorce may be returned at the discretion of the deceived party if the deceived party requests to return it; As to whether the child-care expenses paid by the deceived party during the existence of the relationship between husband and wife should be returned, the problem, further study is complicated. As far as the specific case mentioned in your court's request is concerned, since the common property of the two parties has been divided by the man alone at the time of divorce, it may not be returned."
It can be seen that although Du Ledan's derailment in marriage and giving birth to a daughter does not involve a crime, he needs to bear the corresponding civil liability. The man can sue the people's court to deny the parent-child relationship. According to the relevant laws and the Supreme Court's guidance case, the man is not the biological father of the child, and the people's court will support the man's claim to deny the parent-child relationship. Therefore, the man does not need to continue to bear the maintenance of the small bamboo after the divorce, and the man also has the right to request the woman to return the maintenance spent during the marriage.
4. Le Ying's "gnawing old" behavior is just a moral behavior?
In the film, we see Le Dan's sister cheating. She can still rightfully accuse Le Ying of "gnawing the old". Then Le Ying's ten-year-long "gnawing the old" behavior is only a contradiction within the family. Is it just an emotional debt between parents and children?
After Le Ying moved out, Le Ying's parents never looked for Le Ying. After Le Ying's mother suffered a waist injury, Le Ying's father found Le Ying and asked her to go back to the supermarket to help. Should Le Ying go back?
Lawyer: No!
Article 26 of the the People's Republic of China Civil Code"Parents have the duty to bring up, educate and protect their minor children. Children of age have the duty to support, support and protect their parents".
Article 21:"An adult who cannot identify his own behavior is a person without civil capacity and shall be represented by his legal representative to perform civil juristic acts".
It can be seen that Le Ying has reached adulthood, and there is no legally recognized adult without civil capacity, so Le Ying's parents no longer bear the legal obligation to support. If parents voluntarily provide assistance to adult children, it is an act of gift. However, if the parents are unwilling to provide material assistance and the children forcibly ask for it, it is an infringement of the civil rights of the parents, and the parents have the right to refuse. If it causes property damage to parents, they also have the right to protect their rights through legal channels.
Of course, we also saw that after the transformation, Le Ying met her mother's physical discomfort and immediately agreed to go back to the supermarket to help. Thus, as adult children, we have a legal obligation to support our parents.
5. the transfer "special number" is regarded as a gift and does not need to be returned?
In the plot, we saw Le Ying discuss with Tianfu to give Haokun 5000 yuan in order to get the boxing quota. Tianfu asked Le Ying to pay 5000 yuan separately in order to avoid risks, dividing it into "1314" and "520" figures of special significance. Will such transfer be considered a gift?
Lawyer: Not necessarily.
Our lawyers often encounter inquiries about whether the financial transactions between the two parties during their relationship are borrowing. Or on special festivals, such as Goddess's Day, Valentine's Day, etc., the man transfers money to the woman to show his love, but once the two sides break up, the man may claim that this is a loan, not a gift. For this reason, sometimes on special dates, special figures will be transferred to show love.
Article 657 of the the People's Republic of China Civil Code:"A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses acceptance of the gift".
Article 658:"The donor may revoke the gift before the transfer of the right to the gift property. The provisions of the preceding paragraph shall not apply to a notarized gift contract or a gift contract that is legally irrevocable in the nature of public welfare or moral obligations such as disaster relief, poverty alleviation or assistance to the disabled".
Article 661:"A gift may be accompanied by an obligation. Where a gift is accompanied by an obligation, the donee shall perform the obligation in accordance with the agreement".
Article 663:"If the donee has one of the following circumstances, the donor may revoke the gift: (1) seriously infringe upon the legitimate rights and interests of the donor or the donor's close relatives; (II) fails to perform the obligation to support the donor; (III) fails to perform the obligation stipulated in the gift contract. The donor's right of revocation shall be exercised within one year from the date when he knows or should know the cause of revocation".
Article 665:"If the revocation right person revokes the gift, he may request the donee to return the property of the gift".
It follows that the gift is revocable or conditional. The transfer of "1314" and "520" figures with special significance, if between relatives, friends or lovers, based on this special relationship, the court will tend to consider it as a gift, unless the other party can provide sufficient evidence. If there is no relationship between the parties, it will not be easily recognized as a gift. In the film, Leying and Tianfu are not lovers, nor do they have much deep friendship. They make multiple transfers at the same time. Although each has a special symbol, it is difficult to identify the total amount as a gift. It is possible for LeYing to claim the return by claiming unjust enrichment.
The pursuit of "hot hot" life!
Safeguard the society of "justice!
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