標題: ylge9wO0s7 [打印本頁] 作者: md6p5SD45 時間: 2015-3-5 14:08 標題: ylge9wO0s7 In recent years,http://www.365kl.net/home.php?mod=spacecp&ac=blog&blogid=, the court accepted the case for a declaration of citizenship without increasing capacity for civil acts,borse louis vuitton outlet, in addition, to become the guardian of the more common situation, the majority 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 of Citizens for a declaration that no civil capacity 30 cases, with an average annual growth of 79 per cent of cases, of which 27 per cent of cases failed to get support. In such cases, some of these are advanced age of the elderly frequently encounter "is mentally ill" experience.
This reporter recently learned from the Fengtai court,http://www.charliexth.com/viewthread.php?tid=268774&extra=, hospital research found that from 2008 to 2010, the hospital received a total of older citizens to apply no capacity for civil conduct of the case 30, with an average annual growth of 79 per cent of cases, 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 the benefit from the applicant's body. Fengtai District Court Judge tips, this situation makes ethical affection between people becomes abnormal profit-driven,http://forum.ea3w.com/?mod=spacecp&ac=blog&blogid=, very alarming.
■ declared no capacity for civil conduct must meet three conditions
Reporters learned that in life, this situation is not uncommon: the parties 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 has not landed ...... in that case, close relatives or any other interested party may apply to the court to declare a party for people without civil capacity. Once the parties declared incapacitated by the court,ray ban wayfarer prezzo, it means that capacity and capacity on its property of all people who are deprived or denied legal,http://www.chrisadamsperfumes.com/index.php?item/create_form/1, and even bring disaster to their personal rights.
For no capacity for civil conduct identification conditions, 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 applicants; subject to court to declare. After the court declared the legal consequences of one of the two people declared by the person becomes incapacitated or with limited capacity, the second is to be set up as a guardian or legal representative supplement its capacity, manage and dispose of their property.
"Processing, management is when property guardian, the guardian must be without prejudice to the rights of the premise!" Judge Yang Cheng told reporters, law guardians are not allowed to deal with, dispose of the property is the guardian of the ward property damage, it shall pay damages .
■ incapacitated for a declaration of the existence of three major errors
However, Fengtai court investigation found that there are three errors when exercising the rights of the parties. First, that the respondent declared no civil capacity available after the corresponding property. Judicial practice, the respondent has a certain property, mostly the elderly, and the applicant was mostly close relatives of the applicant, the application declared no capacity for civil conduct most of the power and purpose is related to the applicant's property, especially with the Applicants respondent long life together. Declared that as long as the applicant is no capacity for civil conduct, it can certainly obtain all the property of the applicant, and therefore to the court to declare the application no capacity for civil conduct.
The second is that the elderly appear certain bodily functions that are not diminished capacity for civil conduct. In judicial practice,http://www.778qpi.com/home.php?mod=space&uid=60017, many applicants only older elderly, memory loss, poor health, mobility, etc. subject to the court for a declaration of non-civil capacity, but after verification, the applicant does not have to be declared no statutory conditions civil capacity.
Three blind request the court to appoint as guardian of the applicant. China's relevant laws no capacity for civil conduct guardian system is set up, 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, is concerned only guardians 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.
For the above, the hospital work to strengthen the interpretation of the applicant's reasoning, do not seek to discourage improper benefits through such means, to prevent the legitimate rights and interests against the respondent.
Case
Mother daughter is eligible property "is mentally ill"
Last October, Ms. Sun to the Fengtai District Court Civil Tribunal to submit an application to apply to the court to declare their 58-year-old mother no capacity for civil conduct, by her mother as guardian,air max homme pas cher,http://www.8liuxing.com/home.php?mod=spacecp&ac=blog&blogid=, the mother related property deal.
Ms. Sun said in the application, and its long-term mentally ill mother, family members often beaten, and tensions between the neighbors, in addition, his mother often hospitalized. After the court accepts,louis vuitton sito ufficiale, the judge requires identification of a psychiatric institution designated Ms. Sun, the identification of bodies and their mothers were commissioned by the court psychiatric examination.
In the process of psychiatric appraisal period,http://www.4444abcd.org/forum.php?mod=viewthread&tid=906784, the judge took the initiative of Ms. Sun's mother made contact. Judge orders unexpectedly, Ms. Sun's mother spirit and consciousness are normal, but still insisted that Ms. Sun mentally ill mother. 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.
"She (Ms. Sun) just wanted to get his mother's property through the application!" Contractor case the judge said, because the mother and daughter dispute, Ms. Sun has tried to let the court to declare their mother no capacity for civil conduct this means, get Mother housing property. Judge told reporters afterwards, the old mother was very angry that her daughter's grave infringement of malicious behavior, Fengtai court and sued his daughter, mother and daughter are contradictory and therefore upgrade.
Father, brother and sister property dispute framed "mental illness"
In January of this year, Mr. Zhang Fengtai court to submit an application, asking the court to declare the father no capacity for civil conduct. Mr. Zhang said the application to the court, his father often throw things down from the 12th floor, for residents and residential property downstairs comments many times, in addition, the father also moody. After accepting the court found that the father was a well-known entrepreneur, is not only the name of the stock, real estate, and the amount of money deposits. In addition, the judge also found that the father of another son and a daughter were in the field, Mr. Zhang's application for noncommittal.
However, when the court asked Mr. Zhang designated psychiatric accreditation bodies for identification by their father, and ask the other a child when his father act as an agent, Zhang said nothing. In the end, Mr. Zhang had to withdraw the application, the judge admitted that its purpose is to want to get his father's property because of its obligation to make the maintenance of.
Yang judge told reporters, like "is mentally ill," she repeatedly encountered cases, the reason is said to apply more tantrums, often alcoholism, or called relatives crazy, insane,http://www.wbi360.com/plus/view.php?aid=4837003, etc., but eventually was dismissed by the review, and application The purpose is to obtain most of the property.
RAM
How the court found "mentally ill"?
Fengtai Court Civil Judge in Chambers Yang Cheng told reporters, applied to identify legal incapacity citizen who is identified with mental illness means an application for no capacity for civil conduct. This means that mentally ill individuals aged 10 or over, does not include people aged 10 or less. Ten years of age who is of course no capacity for civil conduct; aged 10 or under eighteen years of age who, if not insane, is a restricted capacity for civil conduct, such as mental illness, can be identified as no capacity for civil conduct . People aged 18 or over, is for adults, such as mental illness, can be identified as the person under legal incapacity mental state. Whether the parties are mentally ill, the people's court shall learn to identify or reference diagnosis based on forensic psychiatric hospital,louis vuitton outlet online italia, identification confirmation.
In the case does not have the diagnosis, identification of conditions can also refer to the mental state of the masses accepted the party identification, but it should have no objection to the interested parties is limited. (Reporter Hou Yijun Chen Bin comics)