[Keywords:] in-laws, stepparents, children plan to inherit the legal inheritance rights of blood relatives
Kinship refers to the social relationship based on marriage, blood relationship and legal fiction. Once this social relationship is regulated by law, legal rights and obligations arise between subjects with specific kinship status. Generally speaking, according to the causes of kinship, relatives are divided into spouses, blood relatives and in-laws. In-laws, as the name implies, are kinship relations arising from marriage. Except for spouses, of course. In-laws are often divided into three situations because of different situations: first, the blood relatives of spouses; The second is the spouse of blood relatives; The third is the spouse of the spouse's blood relatives. In the third case, the spouse's blood spouse, such as sister-in-law, brother-in-law, etc. In terms of kinship, it is quite alienated, and it is difficult to produce legal rights and obligations under normal circumstances. In-laws in this case are more of a purely nominal title with no substantive content. So what is the legal significance of this detailed provision for in-laws?
The Marriage Law of the People's Republic of China (hereinafter referred to as the Marriage Law) only stipulates in Article 27: "There shall be no abuse or discrimination between step parents and step children. The relevant provisions of this Law on the relationship between parents and children shall apply to the rights and obligations between stepfathers or stepmothers and their stepchildren. " It is not difficult to see that the marriage and family legislation only adjusts the relationship between stepparents and children. From the perspective of stepchildren, the relationship between stepparents and stepchildren belongs to the spouse of blood relatives in marriage; From the perspective of stepparents, the relationship between stepparents and stepchildren belongs to the blood relationship of spouses' in-laws. In the legislative provisions of civil law, the provisions concerning close relatives are related to the issue of close relatives. According to the definition of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law in People's Republic of China (PRC), the scope of close relatives is spouse, parents, children, brothers and sisters, grandparents and grandchildren. The spouse is a single relative; Parents, children, brothers and sisters, grandparents and grandchildren are blood relatives, that is, blood relatives. This definition of close relatives in civil law has nothing to do with in-laws. If the relevant civil law provisions really involve in-laws, then the legal adjustment point is not the rights and obligations of in-laws but the civil creditor-debtor relationship between them. Article 12 of the Inheritance Law of People's Republic of China (PRC) (hereinafter referred to as "Inheritance Law") stipulates the relationship of in-laws. This article stipulates: "If a widowed daughter-in-law has done her main duty to support her parents-in-law, and a widowed son-in-law has done her main duty to support her parents-in-law, she will be the first heir." The in-laws involved, from the perspective of daughter-in-law and son-in-law, belong to the blood relatives of the spouse; From the perspective of in-laws and parents-in-law, they belong to blood spouses. Although 1996 the State Council promulgated and implemented the "Interim Measures for the Avoidance of State Civil Servants", Article 6 stipulated the scope of the avoidance of relatives of civil servants, involving collateral in-laws within three generations. However, because there is no calculation method of in-laws in the calculation of kinship in China, this provision is difficult to operate. From this, we can easily see that the legal significance of in-laws is not significant.
The scope of the adjustment of in-laws by legislation itself is very narrow, so it is not necessary to define the scope of in-laws in great detail, and pertinence is enough. Therefore, the author thinks that there are only two situations to define the scope of in-laws: one is the blood relatives of spouses; One is the spouse of blood relatives. At the same time, the calculation method of in-laws should be clear. Since the relationship between in-laws is due to the conclusion of marriage, the calculation method of in-laws should also take spouse as the intermediary point. The coefficient of kinship between a spouse and his blood relatives applies to the other spouse. For example, her husband and in-laws are second-generation immediate family members, and her in-laws are second-generation immediate family members; My husband and my husband's brother are second-generation collateral blood relatives, and my husband's brother is second-generation collateral in-laws. Only in this way can the legal provisions on in-laws be operational.
The legal relationship of in-laws is closely related to the intermediary point of marriage. With the conclusion of marriage, there will be such kinship as in-laws. Will the dissolution of marriage lead to the termination of in-laws relationship? In this case, the law leaves the decision on whether to retain the in-laws relationship to the parties involved in the in-laws relationship, and the parties themselves choose. The parties to an in-laws relationship can maintain this kinship through some legal facts, such as continuing to live together or not, but giving material supplies or spiritual comfort for a long time, and so on. The parties in the in-laws relationship can also take explicit or implicit ways to block the original support, support and maintenance relationship between them, so that the in-laws relationship tends to die out. Spouse, parties in blood relationship, or direct parties in marriage relationship-husband and wife; Or the blood relationship between them. Therefore, the law clearly stipulates the civil rights and obligations of spouses and blood relatives. In this respect, in-laws are far behind. But in fact, under the condition that in-laws are not regulated by legal rights and obligations, due to the role of ethics in the field of marriage and family in real life, there is a need to regulate in-laws legally. For example, the determination of the relationship between stepparents and their children under the condition of raising and educating stepchildren by stepparents; When the widowed daughter-in-law or son-in-law has fulfilled the main obligation of supporting her in-laws, the relationship between them is determined, and so on.
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Abstract: In-laws are relatives in China, and the relationship is mediated by marriage. It is enough to divide the in-laws into spouse blood relatives and spouse blood relatives and adjust the corresponding social relations. The relationship between stepparents and children, and the relationship between daughter-in-law or son-in-law and in-laws are all in-laws relations. Stepparents and stepchildren should belong to in-laws regardless of whether they form a relationship of upbringing and education. Widowed daughter-in-law and son-in-law should not participate in inheritance as legal heirs in the first order; However, according to the principle of consistency of rights and obligations, they should not enjoy the legal right of inheritance, but they can participate in the distribution of inheritance.
[Keywords:] in-laws, stepparents, children plan to inherit the legal inheritance rights of blood relatives
Kinship refers to the social relationship based on marriage, blood relationship and legal fiction. Once this social relationship is regulated by law, legal rights and obligations arise between subjects with specific kinship status. Generally speaking, according to the causes of kinship, relatives are divided into spouses, blood relatives and in-laws. In-laws, as the name implies, are kinship relations arising from marriage. Except for spouses, of course. In-laws are often divided into three situations because of different situations: first, the blood relatives of spouses; The second is the spouse of blood relatives; The third is the spouse of the spouse's blood relatives. In the third case, the spouse's blood spouse, such as sister-in-law, brother-in-law, etc. In terms of kinship, it is quite alienated, and it is difficult to produce legal rights and obligations under normal circumstances. In-laws in this case are more of a purely nominal title with no substantive content. So what is the legal significance of this detailed provision for in-laws?
The Marriage Law of the People's Republic of China (hereinafter referred to as the Marriage Law) only stipulates in Article 27: "There shall be no abuse or discrimination between step parents and step children. The relevant provisions of this Law on the relationship between parents and children shall apply to the rights and obligations between stepfathers or stepmothers and their stepchildren. " It is not difficult to see that the marriage and family legislation only adjusts the relationship between stepparents and children. From the perspective of stepchildren, the relationship between stepparents and stepchildren belongs to the spouse of blood relatives in marriage; From the perspective of stepparents, the relationship between stepparents and stepchildren belongs to the blood relationship of spouses' in-laws. In the legislative provisions of civil law, the provisions concerning close relatives are related to the issue of close relatives. According to the definition of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law in People's Republic of China (PRC), the scope of close relatives is spouse, parents, children, brothers and sisters, grandparents and grandchildren. The spouse is a single relative; Parents, children, brothers and sisters, grandparents and grandchildren are blood relatives, that is, blood relatives. This definition of close relatives in civil law has nothing to do with in-laws. If the relevant civil law provisions really involve in-laws, then the legal adjustment point is not the rights and obligations of in-laws but the civil creditor-debtor relationship between them. Article 12 of the Inheritance Law of People's Republic of China (PRC) (hereinafter referred to as "Inheritance Law") stipulates the relationship of in-laws. This article stipulates: "If a widowed daughter-in-law has done her main duty to support her parents-in-law, and a widowed son-in-law has done her main duty to support her parents-in-law, she will be the first heir." The in-laws involved, from the perspective of daughter-in-law and son-in-law, belong to the blood relatives of the spouse; From the perspective of in-laws and parents-in-law, they belong to blood spouses. Although 1996 the State Council promulgated and implemented the "Interim Measures for the Avoidance of State Civil Servants", Article 6 stipulated the scope of the avoidance of relatives of civil servants, involving collateral in-laws within three generations. However, because there is no calculation method of in-laws in the calculation of kinship in China, this provision is difficult to operate. From this, we can easily see that the legal significance of in-laws is not significant.
The scope of the adjustment of in-laws by legislation itself is very narrow, so it is not necessary to define the scope of in-laws in great detail, and pertinence is enough. Therefore, the author thinks that there are only two situations to define the scope of in-laws: one is the blood relatives of spouses; One is the spouse of blood relatives. At the same time, the calculation method of in-laws should be clear. Since the relationship between in-laws is due to the conclusion of marriage, the calculation method of in-laws should also take spouse as the intermediary point. The coefficient of kinship between a spouse and his blood relatives applies to the other spouse. For example, husband and in-laws are second-generation lineal blood relatives, and in-laws are second-generation lineal in-laws; My husband and my husband's brother are second-generation collateral blood relatives, and my husband's brother is second-generation collateral in-laws. Only in this way can the legal provisions on in-laws be operational.
The legal relationship of in-laws is closely related to the intermediary point of marriage. With the conclusion of marriage, there will be such kinship as in-laws. Will the dissolution of marriage lead to the termination of in-laws relationship? In this case, the law leaves the decision on whether to retain the in-laws relationship to the parties involved in the in-laws relationship, and the parties themselves choose. The parties to an in-laws relationship can maintain this kinship through some legal facts, such as continuing to live together or not, but giving material supplies or spiritual comfort for a long time, and so on. The parties in the in-laws relationship can also take explicit or implicit ways to block the original support, support and maintenance relationship between them, so that the in-laws relationship tends to die out. Spouse, parties in blood relationship, or direct parties in marriage relationship-husband and wife; Or the blood relationship between them. Therefore, the law clearly stipulates the civil rights and obligations of spouses and blood relatives. In this respect, in-laws are far behind. But in fact, under the condition that in-laws are not regulated by legal rights and obligations, due to the role of ethics in the field of marriage and family in real life, there is a need to regulate in-laws legally. For example, the determination of the relationship between stepparents and their children under the condition of raising and educating stepchildren by stepparents; When the widowed daughter-in-law or son-in-law has fulfilled the main obligation of supporting her in-laws, the relationship between them is determined, and so on.
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Why the latest and updated internal control system failed-a fraud 06.09.06
Controversy on "China Renmin University Founds National College" (6) 06.09.05
A Study on the Personality of Juvenile Delinquency
The object of intellectual property rights
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Confucian scholars and scholars in the Northern Song Dynasty fought for the front of the Party 06.09.05
Make village affairs public and promote democratic autonomy 06.09.05
Causes and countermeasures of disconnection of Jinan Spring Group 06.09.05
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On the Restoration of Constitutional Rights 05. 1 1.29
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Theoretical basis and application value analysis of legal methodology 06.05. 12
On the Construction of Enterprise Accounting Model 05. 12. 1 1
On Democratic Construction Adapting to Market Economy Society
Economic thinking on market strategy of innovative products
Four Innovations of Investment Fund Accounting
Abstract: In-laws are relatives in China, and the relationship is mediated by marriage. It is enough to divide the in-laws into spouse blood relatives and spouse blood relatives and adjust the corresponding social relations. The relationship between stepparents and children, and the relationship between daughter-in-law or son-in-law and in-laws are all in-laws relations. Stepparents and stepchildren should belong to in-laws regardless of whether they form a relationship of upbringing and education. Widowed daughter-in-law and son-in-law should not participate in inheritance as legal heirs in the first order; However, according to the principle of consistency of rights and obligations, they should not enjoy the legal right of inheritance, but they can participate in the distribution of inheritance.
[Keywords:] in-laws, stepparents, children plan to inherit the legal inheritance rights of blood relatives
Kinship refers to the social relationship based on marriage, blood relationship and legal fiction. Once this social relationship is regulated by law, legal rights and obligations arise between subjects with specific kinship status. Generally speaking, according to the causes of kinship, relatives are divided into spouses, blood relatives and in-laws. In-laws, as the name implies, are kinship relations arising from marriage. Except for spouses, of course. In-laws are often divided into three situations because of different situations: first, the blood relatives of spouses; The second is the spouse of blood relatives; The third is the spouse of the spouse's blood relatives. In the third case, the spouse's blood spouse, such as sister-in-law, brother-in-law, etc. In terms of kinship, it is quite alienated, and it is difficult to produce legal rights and obligations under normal circumstances. In-laws in this case are more of a purely nominal title with no substantive content. So what is the legal significance of this detailed provision for in-laws?
The Marriage Law of the People's Republic of China (hereinafter referred to as the Marriage Law) only stipulates in Article 27: "There shall be no abuse or discrimination between step parents and step children. The relevant provisions of this Law on the relationship between parents and children shall apply to the rights and obligations between stepfathers or stepmothers and their stepchildren. " It is not difficult to see that the marriage and family legislation only adjusts the relationship between stepparents and children. From the perspective of stepchildren, the relationship between stepparents and stepchildren belongs to the spouse of blood relatives in marriage; From the perspective of stepparents, the relationship between stepparents and stepchildren belongs to the blood relationship of spouses' in-laws. In the legislative provisions of civil law, the provisions concerning close relatives are related to the issue of close relatives. According to the definition of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law in People's Republic of China (PRC), the scope of close relatives is spouse, parents, children, brothers and sisters, grandparents and grandchildren. The spouse is a single relative; Parents, children, brothers and sisters, grandparents and grandchildren are blood relatives, that is, blood relatives. This definition of close relatives in civil law has nothing to do with in-laws. If the relevant civil law provisions really involve in-laws, then the legal adjustment point is not the rights and obligations of in-laws but the civil creditor-debtor relationship between them. Article 12 of the Inheritance Law of People's Republic of China (PRC) (hereinafter referred to as "Inheritance Law") stipulates the relationship of in-laws. This article stipulates: "If a widowed daughter-in-law has done her main duty to support her parents-in-law, and a widowed son-in-law has done her main duty to support her parents-in-law, she will be the first heir." The in-laws involved, from the perspective of daughter-in-law and son-in-law, belong to the blood relatives of the spouse; From the perspective of in-laws and parents-in-law, they belong to blood spouses. Although 1996 the State Council promulgated and implemented the "Interim Measures for the Avoidance of State Civil Servants", Article 6 stipulated the scope of the avoidance of relatives of civil servants, involving collateral in-laws within three generations. However, because there is no calculation method of in-laws in the calculation of kinship in China, this provision is difficult to operate. From this, we can easily see that the legal significance of in-laws is not significant.
The scope of the adjustment of in-laws by legislation itself is very narrow, so it is not necessary to define the scope of in-laws in great detail, and pertinence is enough. Therefore, the author thinks that there are only two situations to define the scope of in-laws: one is the blood relatives of spouses; One is the spouse of blood relatives. At the same time, the calculation method of in-laws should be clear. Since the relationship between in-laws is due to the conclusion of marriage, the calculation method of in-laws should also take spouse as the intermediary point. The coefficient of kinship between a spouse and his blood relatives applies to the other spouse. For example, husband and in-laws are second-generation lineal blood relatives, and in-laws are second-generation lineal in-laws; My husband and my husband's brother are second-generation collateral blood relatives, and my husband's brother is second-generation collateral in-laws. Only in this way can the legal provisions on in-laws be operational.
The legal relationship of in-laws is closely related to the intermediary point of marriage. With the conclusion of marriage, there will be such kinship as in-laws. Will the dissolution of marriage lead to the termination of in-laws relationship? In this case, the law leaves the decision on whether to retain the in-laws relationship to the parties involved in the in-laws relationship, and the parties themselves choose. The parties to an in-laws relationship can maintain this kinship through some legal facts, such as continuing to live together or not, but giving material supplies or spiritual comfort for a long time, and so on. The parties in the in-laws relationship can also take explicit or implicit ways to block the original support, support and maintenance relationship between them, so that the in-laws relationship tends to die out. Spouse, parties in blood relationship, or direct parties in marriage relationship-husband and wife; Or the blood relationship between them. Therefore, the law clearly stipulates the civil rights and obligations of spouses and blood relatives. In this respect, in-laws are far behind. But in fact, under the condition that in-laws are not regulated by legal rights and obligations, due to the role of ethics in the field of marriage and family in real life, there is a need to regulate in-laws legally. For example, the determination of the relationship between stepparents and their children under the condition of raising and educating stepchildren by stepparents; When the widowed daughter-in-law or son-in-law has fulfilled the main obligation of supporting her in-laws, the relationship between them is determined, and so on.
This article has ***3 pages, and this page is the first page and the next page.
History of Freedom Struggle in Related Papers
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Thesis translation
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Why the latest and updated internal control system failed-a fraud 06.09.06
Controversy on "China Renmin University Founds National College" (6) 06.09.05
A Study on the Personality of Juvenile Delinquency
The object of intellectual property rights
Reflections on Freedom of Migration
Confucian scholars and scholars in the Northern Song Dynasty fought for the front of the Party 06.09.05
Make village affairs public and promote democratic autonomy 06.09.05
Causes and countermeasures of disconnection of Jinan Spring Group 06.09.05
Accounting Reform and Development in China Facing 2 1 Century 06.09.07
The expansion of eunuch's power in Ming Dynasty and its causes 06.09.05
Design of USB voice transmission interface based on DSP
On the Restoration of Constitutional Rights 05. 1 1.29
Science Times saves the river of life-Yangtze River 06.07.08
Human nature and rule of law 06.0 1.3 1
Corrosion and protection design of Shenzhen gas pipeline
Theoretical basis and application value analysis of legal methodology 06.05. 12
On the Construction of Enterprise Accounting Model 05. 12. 1 1
On Democratic Construction Adapting to Market Economy Society
Economic thinking on market strategy of innovative products
Four Innovations of Investment Fund Accounting
Abstract: In-laws are relatives in China, and the relationship is mediated by marriage. It is enough to divide the in-laws into spouse blood relatives and spouse blood relatives and adjust the corresponding social relations. The relationship between stepparents and children, and the relationship between daughter-in-law or son-in-law and in-laws are all in-laws relations. Stepparents and stepchildren should belong to in-laws regardless of whether they form a relationship of upbringing and education. Widowed daughter-in-law and son-in-law should not participate in inheritance as legal heirs in the first order; However, according to the principle of consistency of rights and obligations, they should not enjoy the legal right of inheritance, but they can participate in the distribution of inheritance.
[Keywords:] in-laws, stepparents, children plan to inherit the legal inheritance rights of blood relatives
Kinship refers to the social relationship based on marriage, blood relationship and legal fiction. Once this social relationship is regulated by law, legal rights and obligations arise between subjects with specific kinship status. Generally speaking, according to the causes of kinship, relatives are divided into spouses, blood relatives and in-laws. In-laws, as the name implies, are kinship relations arising from marriage. Except for spouses, of course. In-laws are often divided into three situations because of different situations: first, the blood relatives of spouses; The second is the spouse of blood relatives; The third is the spouse of the spouse's blood relatives. In the third case, the spouse's blood spouse, such as sister-in-law, brother-in-law, etc. In terms of kinship, it is quite alienated, and it is difficult to produce legal rights and obligations under normal circumstances. In-laws in this case are more of a purely nominal title with no substantive content. So what is the legal significance of this detailed provision for in-laws?
The Marriage Law of the People's Republic of China (hereinafter referred to as the Marriage Law) only stipulates in Article 27: "There shall be no abuse or discrimination between step parents and step children. The relevant provisions of this Law on the relationship between parents and children shall apply to the rights and obligations between stepfathers or stepmothers and their stepchildren. " It is not difficult to see that the marriage and family legislation only adjusts the relationship between stepparents and children. From the perspective of stepchildren, the relationship between stepparents and stepchildren belongs to the spouse of blood relatives in marriage; From the perspective of stepparents, the relationship between stepparents and stepchildren belongs to the blood relationship of spouses' in-laws. In the legislative provisions of civil law, the provisions concerning close relatives are related to the issue of close relatives. According to the definition of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law in People's Republic of China (PRC), the scope of close relatives is spouse, parents, children, brothers and sisters, grandparents and grandchildren. The spouse is a single relative; Parents, children, brothers and sisters, grandparents and grandchildren are blood relatives, that is, blood relatives. This definition of close relatives in civil law has nothing to do with in-laws. If the relevant civil law provisions really involve in-laws, then the legal adjustment point is not the rights and obligations of in-laws but the civil creditor-debtor relationship between them. Article 12 of the Inheritance Law of People's Republic of China (PRC) (hereinafter referred to as "Inheritance Law") stipulates the relationship of in-laws. This article stipulates: "If a widowed daughter-in-law has done her main duty to support her parents-in-law, and a widowed son-in-law has done her main duty to support her parents-in-law, she will be the first heir." The in-laws involved, from the perspective of daughter-in-law and son-in-law, belong to the blood relatives of the spouse; From the perspective of in-laws and parents-in-law, they belong to blood spouses. Although 1996 the State Council promulgated and implemented the "Interim Measures for the Avoidance of State Civil Servants", Article 6 stipulated the scope of the avoidance of relatives of civil servants, involving collateral in-laws within three generations. However, because there is no calculation method of in-laws in the calculation of kinship in China, this provision is difficult to operate. From this, we can easily see that the legal significance of in-laws is not significant.
The scope of the adjustment of in-laws by legislation itself is very narrow, so it is not necessary to define the scope of in-laws in great detail, and pertinence is enough. Therefore, the author thinks that there are only two situations to define the scope of in-laws: one is the blood relatives of spouses; One is the spouse of blood relatives. At the same time, the calculation method of in-laws should be clear. Since the relationship between in-laws is due to the conclusion of marriage, the calculation method of in-laws should also take spouse as the intermediary point. The coefficient of kinship between a spouse and his blood relatives applies to the other spouse. For example, husband and in-laws are second-generation lineal blood relatives, and in-laws are second-generation lineal in-laws; My husband and my husband's brother are second-generation collateral blood relatives, and my husband's brother is second-generation collateral in-laws. Only in this way can the legal provisions on in-laws be operational.
The legal relationship of in-laws is closely related to the intermediary point of marriage. With the conclusion of marriage, there will be such kinship as in-laws. Will the dissolution of marriage lead to the termination of in-laws relationship? In this case, the law leaves the decision on whether to retain the in-laws relationship to the parties involved in the in-laws relationship, and the parties themselves choose. The parties to an in-laws relationship can maintain this kinship through some legal facts, such as continuing to live together or not, but giving material supplies or spiritual comfort for a long time, and so on. The parties in the in-laws relationship can also take explicit or implicit ways to block the original support, support and maintenance relationship between them, so that the in-laws relationship tends to die out. Spouse, parties in blood relationship, or direct parties in marriage relationship-husband and wife; Or the blood relationship between them. Therefore, the law clearly stipulates the civil rights and obligations of spouses and blood relatives. In this respect, in-laws are far behind. But in fact, under the condition that in-laws are not regulated by legal rights and obligations, due to the role of ethics in the field of marriage and family in real life, there is a need to regulate in-laws legally. For example, the determination of the relationship between stepparents and their children under the condition of raising and educating stepchildren by stepparents; The widowed daughter-in-law or son-in-law has done her main duty of supporting her parents-in-law. How to identify the relationship between them?