Comics Pun$ B( {1 n- M) e: c% o! Y2 o4 ~+ f
In recent years, the court accepted the case for a declaration of non-citizens of increasing capacity for civil conduct,[url=http://211.86.128.2/gjjl/Review.asp?NewsID=595]http://211.86.128.2/gjjl/Review.asp?NewsID=595], in addition, to become the guardian of the more common situation, most of the reason is to be able to get more benefits from the applicant at a later date. Fengtai court investigation found that from 2008 to 2010, the hospital received a total for a declaration that citizens no capacity for civil conduct of the case 30, an average annual growth of 79 per cent of cases, of which 27% of the cases could not be supported. In such cases, there is no lack some of the advanced age of the elderly frequently encounter "is mental illness" experience.
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' x/ v3 R/ y: q/ o. U R( bReporters recently learned from the Fengtai District Court, the hospital research found that from 2008 to 2010, the hospital received a total application of senior citizens no capacity for civil conduct of the case 30,[url=[第一私募论坛]http://www.simu001.cn]vonwa.fr/]nike air max pas cher], an average annual growth of 79 per cent of cases,[url=[第一私募论坛]http://www.simu001.cn]mt-bbs###/home.php?mod=spacecp&ac=blog&blogid=][第一私募论坛]http://www.simu001.cn]mt-bbs###/home.php?mod=spacecp&ac=blog&blogid=], of which 27 per cent of cases failed to get support . In these cases, those senior citizens are often "is mentally ill," the. Then go into the reasons, mostly relatives want to get benefit from the applicant's body. Fengtai Court judge suggest that the situation so that ethics becomes abnormal affection between people of benefits, very worthy of attention.; ~( R7 p3 l3 H# K" i" T8 t' ~
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1 l/ z' E% B" S3 l4 U" u/ `■ declared without civil capacity person must meet three conditions
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1 [/ ~. e9 V" j1 jReporters learned that in life, this situation is not uncommon: Party sudden stroke into a vegetative state, huge amounts of money on the book because the family does not know the password, running a number of banks can not withdraw; someone had an accident into a vegetative state, can not afford a car accident lawsuit litigation, damages unfunded ...... has encountered such a situation, close relatives or any other interested party may apply to the court,[url=[第一私募论坛]http://www.simu001.cn]torreorizzontale.it]piumini woolrich], the parties declared without civil capacity of people. Once the party declared incapacitated by the court, it means that capacity and capacity on the property of all of its people who are deprived or denied legal, and even bring disaster to their personal rights.5 \2 ^ |& a6 y u
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* z, L6 s' J# y E& pFor no capacity for civil conduct the identification conditions,[url=[第一私募论坛]http://www.simu001.cn]roomandbreakfastitaly.it]woolrich sito ufficiale], the judge told the reporter Zheng Yang, China's civil law and civil procedure law, become no civil capacity or with limited capacity for civil conduct must meet the following three conditions: mental illness; subject of interest relationship between human applications; subject to court to declare. After the court declared the legal consequences are the two people declare that person becomes incapacitated or with limited capacity, the second is to be provided to supplement their guardians as the legal representative capacity, manage and dispose of their property.
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8 v( n4 o7 Y- Z2 I"Processing, management is when the guardian of property guardian must be without prejudice to the rights of the premise!" Judge Yang Cheng told reporters,[url=[第一私募论坛]http://www.simu001.cn]south-south.info/spip.php?article507][第一私募论坛]http://www.simu001.cn]south-south.info/spip.php?article507], law guardians are not allowed to deal with, is the guardian of property disposition, to be the guardian of damage to property, it shall pay damages .
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■ for a declaration of incapacity, there are three errors
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5 X6 A+ P( ]9 [; B r5 _However, the Fengtai court investigation found that there are three errors exercise the rights of the parties. One is that the declaration is no capacity for civil conduct applicant obtained after the corresponding property. Judicial practice, the respondent has a certain property, mostly the elderly, but mostly for the applicant to be close relatives of the applicant, the application declared no capacity for civil conduct of motivation and purpose mostly associated with the applicant's property, especially with the was the claimant living together long-term. Declared that as long as the applicant is no capacity for civil conduct, which can of course get all the property of the applicant, and therefore to the court to declare the application no capacity for civil conduct.$ w7 j- X8 D, [# L d/ X
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: |+ L% j: \- p. }The second is that the elderly appear certain body function decline that is no capacity for civil conduct. In judicial practice, many applicants only old people are older, memory loss, poor health, mobility, etc. subject to the court for a declaration of no civil capacity, but after verification, the applicant does not have to be declared as no statutory conditions civil capacity.- l, u+ E+ t+ X$ K
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The third is blind request the court to appoint a guardian as the respondent. China's relevant laws is no capacity for civil conduct set guardian system, the guardian has the right and obligation to protect no capacity for civil conduct personal, property and other legitimate rights and interests, not the interests of civil capacity for people, guardians also have the right to be treated guardian of property. But judicial practice, some one-sided understanding of the applicant specified above,[url=http://reseller.web-matrix.jp]http://reseller.web-matrix.jp], is concerned only guardians of no capacity for civil conduct supervision and disposition of property, but did not realize the right to exercise the above conditions and the accompanying legal obligations.
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In response to these circumstances, the hospital work to strengthen the interpretation of the applicant's reasoning, do not seek to discourage an unfair advantage by this means, to prevent the legitimate rights and interests against the respondent.
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Case
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! `/ v# \+ U R' O' s: ~% F& }Mother daughter eligible property "is mentally ill"$ ?# j+ O" I/ e& J: n) I- j& z
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Last October, Ms. Sun to the Fengtai District Court Civil Tribunal filed an application, request the court to declare their 58-year-old mother no capacity for civil conduct, by her mother as the guardian of the processing mother-related property.% L! ?. ^/ g; e2 r. v5 n/ H2 b. L
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- G( p6 K# r, T) T, nMs. Sun said in the application, its long-term mentally ill mother, often beaten his family, and neighbors tension, in addition, his mother often hospitalized. After the court accepts, the judge requested a psychiatric assessment bodies designated Ms. Sun, the identification of bodies and their mother were commissioned by the court psychiatric examination.! T; n9 ]4 K9 [* Y
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. r( [4 |, s/ C ^( Q- pIn the process of psychiatric appraisal period, the judge took the initiative to Ms. Sun's mother made contact. Judge orders unexpectedly, Ms. Sun's mother spirit and consciousness are normal, but Ms. Sun is still insisting that the mother has a mental illness. After the identification of a conclusion, as the judge expected, Ms. Sun's mother have full civil capacity. Ultimately, the judge ruled that Ms. Sun's application rejected.0 f; i6 k6 t( j- }$ z0 t
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5 v. m# H. J0 F. M4 _& y! H"She (Ms. Sun) just wanted to get the mother's property through the application!" Hosted the case the judge said, because the mother and daughter disputes, Ms. Sun will attempt to make court to declare their mother no capacity for civil conduct this means, get mother houses and other property. The judge told reporters afterwards, the old mother is very angry that her daughter's grave infringement of malicious behavior, and daughter sued the Fengtai District Court, the mother and daughter of contradiction and therefore upgrade.
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Brother and sister property dispute framed Father "mentally ill"5 {7 a' S$ A5 b- c# E0 c
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In January this year, Mr. Zhang Fengtai court to submit an application, asking the court to declare the father no capacity for civil conduct. Mr Cheung said the application to the court, his father often throwing things down from the 12th floor, for the downstairs residents and residential property many times comments, in addition, the father also moody. After accepting the court found that the father was a well-known entrepreneur, the name is not only stocks, real estate, and money deposit amount. In addition, the judge also found that the father of another son and a daughter were in the field, Mr. Zhang's application noncommittal.
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However, when the court asked Mr. Zhang designated psychiatric appraisal mechanism for identification by their father, and asked the other a child when his father made the agent, Zhang said nothing. In the end, Mr. Zhang had to withdraw the application,[url=http://bbs.cnwuhu###/home.php?mod=space&uid=225950]http://bbs.cnwuhu###/home.php?mod=space&uid=225950], the judge admitted that its purpose is to want to get his father's property because of its obligation to make the maintenance of.
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Yang judge told reporters, such as "by psychiatric" case she repeatedly hit on the grounds the application is called tantrums more often alcohol,[url=[第一私募论坛]http://www.simu001.cn]democratie-socialisme.org/spip.php?article3346][第一私募论坛]http://www.simu001.cn]democratie-socialisme.org/spip.php?article3346], also known as family crazy, insane, etc., but ultimately were rejected by the review, and application Most aim is to obtain the property.
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1 a! N" U8 D# J- lHow the court found "mentally ill"?
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Fengtai Court Civil Chamber Yang Cheng told reporters,[url=[第一私募论坛]http://www.simu001.cn]orchextra.it]hogan rebel], apply for that citizens without civil capacity or means applied to identify mental illness is no capacity for civil conduct. This refers to the mentally ill individuals aged 10 or over, does not include people under the age of ten. Ten years of age who is of course no capacity for civil conduct; aged 10 or under eighteen years of age who, if not suffering from mental illness, is a person with limited civil capacity, such as mental illness,[url=http://pfgzs.org/home.php?mod=space&uid=131]http://pfgzs.org/home.php?mod=space&uid=131], can be identified as no capacity for civil conduct . People aged 18 or over,[url=[第一私募论坛]http://www.simu001.cn]ciscoclub###.cn/home.php?mod=spacecp&ac=blog&blogid=][第一私募论坛]http://www.simu001.cn]ciscoclub###.cn/home.php?mod=spacecp&ac=blog&blogid=], the case of adults, such as mental illness, can be identified as the person under legal incapacity mental state. Parties are suffering from mental illness, people's court shall learn to identify or reference diagnosis based on forensic psychiatric hospital, identification confirmation.# G+ a6 M* l7 g2 P+ a" x/ H$ Z
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) D) M) O3 p7 t- A& r# W3 JIn the case does not have the diagnosis,[url=[第一私募论坛]http://www.simu001.cn]boutique-bergger.fr]Moncler Soldes], identify the conditions to be recognized by reference to the mental state of the masses of party identification, but it should be no objection to the interested parties is limited. (Reporter Hou Yijun Comics Pun) |
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发表于 2016-1-6 12:55:30