Monday, November 28, 2011

agreement the parties have assumed the death

Love, since ancient times poignant love story around the world, one of the important themes, but still, staged. Recently, Nanjing Luhe court mediation together with sentimentalism about the inheritance disputes. Things took place in November last year in Okinawa, Japan Sea Actor is missing two Liu Xinliang wreck, his wife, actress Yang Xue Man. In Liu Xinliang survivors lose hope,Columbia Jackets Sale, the Yang Xue Man chose to jump himself. Because both parents are a company of Liu Xinliang the distribution of compensation, go to court. Case eventually closed in mediation.
two widows left a suicide note: we are life and death go hand in hand
November 9, Nanjing Ocean Shipping Co., Ltd. under the Panamanian-registered cargo ship Okinawa waters sank. In addition to 25 crew members rescued three people, two people were killed, the remaining 20 per missing, including two Liu Xinliang. Since the incident area bad sea conditions, water temperature is low, according to common sense, the missing crew members, their likelihood of survival is almost zero.
shipwreck more than a month after the accident, the wife of Yang Xue Liu Xinliang Man caught jumping from the upstairs residence. Reporters saw the court 25-year-old Yang Xue Man left two suicide note before his death, one of which is addressed to elderly people, and another was addressed to his parents. Suicide note read between the lines, reflects a Yang Xue Liu Xinliang between Man and soul deep, tear-jerking to read. In the suicide note left to her in-laws, Yang Xue Mann wrote,
her parents: on the court for his daughter to have a say
Yang Xue Man passed away in the first 8 days, 1 December 2010, Yang Xue and Liu Xinliang parents Man Liu Quan, Wang Yalan three Nanjing Ocean Shipping Company who worked with people coming off district mediation committee reached a mediation agreement, which agreement: Both sides acknowledged Liu Xinliang on November 9, 2010 Ocean Shipping Company totaling 570,737 yuan compensation for three. If Liu Xinliang survivors, the cost refunded. December 2, the whole bank account payable to Liu, December 3, Liu Quan, Wang Yalan Yang Xue Man paid $ 100,000. 8 days after the night of December 9, Yang Xue Man Luk from living with her in-laws 14th floor of a cell suicide by jumping off a building. In the following proceedings, which became the parents criticized Liu Yang parents do not take good care of his daughter's important reason.
in his testament, Yang Xue and Liu Xinliang Man on her legacy has been allocated 10 million yuan deposits parents left the house for elderly people. In addition, Yang Xue Man also expressed the hope that the two old people do not court the desire for property. Nevertheless, in the days after her death, her parents or to Liu Xinliang parents to court. Yang Xue Man's parents said they would not for money, just to give his daughter to have a say. Her daughter has been allocated the property, but more than 10 million is the daughter of the original property,UGGs Ultimate Braid Boots, not separate from the compensation comes in the. They asked, Liu Xinliang parents should belong to her daughter and then pay 19 million yuan.
Opinion: divisible and indivisible as opposed to
mediation is unsuccessful, the court hearing the case only. March 10 afternoon, the first trial, summed up the focus of several controversial cases: 1, Yang Xue Liu Xinliang Man Should the legacy inherited; 2, the two defendants argued that in addition to 100,000 yuan be alone outside the Yang Xue Man 199,900 yuan payment, whether identified; 3, the suicide note part on the effectiveness of dealing with property issues identified.
trial, the court invited Luhe Nanjing University law professor on the law applicable to express its views, one view, Liu Xinliang not confirmed dead, neither natural death, and no pronounced dead, so no inheritance,UGG Classic Metallic Boots, so The money can not be split out. Another view is that the money could be divided, as family members and offshore companies have signed the mediation agreement into effect, both sides have been fulfilled, Yang Xue Man, who has made 57 million ownership. The two sides should respect the ocean shipping company signed with the mediation agreement, according to the protocol performance.
If split: Death is a tangle of problems found
even if the view can be split, there is also a big problem people tangled, which is Liu Xinliang identity. Under this provision, Liu Xinliang encountered shipwreck belongs to accident, from the date of the accident two years, he can be presumed dead. But according to our laws, declared dead after disappearance is required to apply for, and making the application shall be interested, that is, spouses, parents and adult children, the order can not be wrong. As Liu Xinliang disappearance, Yang Xue Liu Xinliang Man did not go for a declaration of death of death will die for love, the two sides have no children,North Face Jackets Cheap, are eligible to apply for Liu declared dead, only Liu's parents. But Liu's parents still can not accept the reality, do not want to apply for his son died. Therefore,UGG Caspia, Liu Xinliang always been
more realistic, as the original defendant, the biggest obstacle when split estate. Because Liu Xinliang death state can not be identified, we can not say he lost his wife's share of inheritance. However, the mediation agreement the parties have assumed the death of Liu Xinliang fact,UGG Dakota Slippers, Nanjing Ocean Shipping Company is also based on the Yang Xue Man, who fishes for compensation, in this sense, Liu Xinliang involved the possibility of inheritance has been excluded, or , caused by his death compensation, and ultimately returned to his hand, which is self-contradictory. Entangled in the case at this time, the situation is a turning point. End of the second trial, both sides agree to mediation, but the requirements vary greatly. The week after, Luhe organization of the courts of experienced judges, the original defendants were repeated mediation, culminating in the morning of November 25 reached a mediation agreement, a one-time to solve the compensation of more than 57 million of the allocation and division of property, housing and other issues , but to respect the wishes of the parties, the court not to disclose the results of the mediation. (Man, parties are not his real name)
land law Luoshuang Jiang
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