case analysis

1. Zhang Yizhi, who is over 70 years old, sued her four dependent children and asked the judge to order her two sons and two daughters to bear the maintenance separately. After investigation: Zhang gave birth to two daughters and one son (the eldest son). When the youngest daughter was 3 years old, Zhang and his ex-wife gave it to the neighbors Wang and his wife. The youngest son was brought by Li when Zhang and Li remarried (when he was 3 years old) and lived with his mothers Li and Zhang.

During the trial, the eldest son came up with an agreement reached with Zhang five years ago: giving up inheriting Zhang's house and not assuming the obligation to support Zhang. Therefore, the eldest son expressed his unwillingness to support his father. The younger son thinks he is a stepson and has no blood relationship with Zhang. Besides, his biological mother has already passed away, and he has no obligation to support his stepfather. The eldest daughter thinks that she is married to a foreign village and has no obligation to support her father. The youngest daughter thinks that she has no obligation to support her biological father Zhang.

Q: Regarding the defense of four children, if you were the judge in this case, what would you say? What is the reason and basis?

Plaintiff Sun Mou, male, aged 55, lives in Kaohsiung City, Taiwan Province Province. Now lives in Foshan, Guangdong.

Defendant Jin, female, 3 1 year-old, self-employed in Foshan City, Guangdong Province, now lives in a residential area in Foshan City.

Sun, the plaintiff, went back to visit relatives in Guangdong from Taiwan Province Province in May 5438+0998+ 10, and was introduced to the defendant Kim in Foshan in May 65438. Both parties registered their marriage in March1year (both parties remarried). On the day of marriage registration, the plaintiff took out her own $65,438+0.65,438+0,000 yuan from the bank and gave it to the defendant, saying that she would buy a house for her newly-married residence. Soon, Kim bought a two-bedroom house in Fidelity Garden, which was worth 98,098 yuan. 1September 1998, the title certificate issued was registered in Sun's name. In addition, the plaintiff gave the defendant a gold necklace, a pair of gold earrings and three gold rings. After the marriage, both parties also bought a 25-inch color TV and a combination cabinet. The relationship between husband and wife is still good after marriage. During Sun's illness, Jin accompanied Sun to the hospital to see a doctor and take care of him. At the end of May of the same year, Sun returned to Taiwan Province Province. 1In the middle of October, Sun came to Foshan from Taiwan Province. In several years of common life, Sun found that Kim often went out early and returned late for business, and he was indifferent to himself. Later, he found out that Kim had another lover and committed adultery with a third party many times. In May of 200 1 year, Kim committed adultery with a third party, which led to pregnancy and went to the hospital for induced abortion. Sun learned that in June 20001year, he sued a district court in Foshan for divorce and changed the security door privately. He was not allowed to go home, asked Kim to compensate mental damage compensation, and advocated awarding the two-bedroom commercial house and all gold jewelry to himself.

The defendant Kim disagreed with the divorce and thought that the plaintiff had no reason to sue for divorce. During the plaintiff's illness, he has done his duty as a wife. And if the court decides to divorce, I claim that a set of "Fidelity Garden" commercial housing is a wedding souvenir given to me by Sun and should belong to me; Gold jewelry is a gift given to me by Sun before marriage, and it should also belong to me. At the same time, I think it's because Sun advised himself to resign from the state organs after marriage, leaving him with no housing and no fixed income source, and asked Sun to make economic compensation for me.

It was found out by the court that Sun did invest1.1.million dollars to buy a commercial house after marriage registration, with the purpose of living together after marriage. 1June, 998, Sun advised Kim to quit his formal job and go into business. In mid-August, Kim resigned and went to the mall to rent counters to do clothing business. 199965438+In February, when the store took back the rented pavement, Kim lost his source of livelihood and had difficulty in housing, and now he lives in his brother's house. There is evidence that Kim did commit adultery. Gold jewelry was given to Kim by Sun before her marriage.

Q:

1. Should the court accept Sun's divorce claim?

2. If the court files a case, should both parties be allowed to divorce?

3. What kind of property should a two-bedroom commercial house belong to? If you were a judge, how would you judge the house?

4. Which party should the gold jewelry be awarded to?

5. Should the defendant be liable for mental damage to the plaintiff?

6. Should the plaintiff pay the defendant's living expenses?

Wang Tianning (male) and Kong (female) have five children after marriage. 1998 when the house was reformed, they bought a two-bedroom apartment in g district of h city for 10000. 200 1 1 Kong Xiaoju is dead. Wang's eldest son was unfortunately seriously ill and died in April, 200 1 year. In May of 200 1 year, Wang Tianning and Jiang Sha met and got married in June of the same year. Living in Wang Tianning's house in G District of H City.

The children are very dissatisfied with their father Wang Tianning's remarriage. At the end of 200 1, his second son and second daughter sent Wang's 12-year-old son to live with his grandfather on the grounds that he had no father and no one to take care of him. In the Spring Festival of 2002, the contradiction between the child and his father Wang Tianning intensified. The children threatened to inherit their mother's property, and the two sides sometimes quarreled. In May 2002, Wang's son, who was already suffering from cancer, was sent to his grandparents. Without telling his children about peace, he sold his house in G District of H City (6.5438+0.2 million yuan) and bought another house in J District (6.5438+0.2 million yuan). In August 2002, four children found their father and stepmother's new residence. In September 2002, the children appealed to the court to inherit their mother's inheritance.

There are several problems to be solved in the trial:

1, the children put forward that the mother's inheritance is real estate, and inheritance means that she can come in and live. Do you think the above statement is correct?

2. Can children claim inheritance immediately after the mother dies? Is there a time limit for the division of the estate?

Now that the original house has been sold, how to determine the mother's inheritance?

4. Both parties acknowledge the fact that Wang Tianning has no other property except the property in Area J. How can the children get the inheritance?

Fourth, Han has no children, but he has a very rich family business. 1982 Han adopted son's name. 1Feb. 993, Han Dong went to other places to make a living and got married. He doesn't want to go back to his hometown or live with Han. Therefore, when Han was ill, he wrote to his father many times, but he didn't reply. Han finds this adopted son hard to rely on. Instead of expecting him to support the elderly, it is better to sign an inheritance support agreement with the neighbors. 1March, 994, witnessed by the relevant leaders of the village Committee, Han and the villagers signed a legal and effective Legacy Support Agreement. According to the agreement, he is responsible for Han's birth, upbringing and death. After his death, all his property belongs to him. 1July, 995, Han was critically ill and felt that all his property at that time belonged to him. Suddenly, he remembered his former bosom friend Niu Chuanshan, who lived in poverty and needed help badly. Before you die, you might as well leave him some property. Han made a will and gave half of all his property to Niu Chuanshan. On August 1 day of the same year, Han passed away and handled the funeral for Han as agreed. Half a month later, Niu Chuanshan found Li Dayong with his will and asked to leave a legacy. At this time, Han Dong also rushed to ask for inheritance.

Q: How should the case be handled?

5. During the period of1995, Wang Huai 'an and Chen Lida from the neighboring village reached a written adoption agreement and gave their son Wang Xiaoming (4 years old) to Chen Lida for adoption. After Wang Xiaoming was adopted, she changed her name to Chen Xiaoming. She is loved by her adoptive parents and keeps in touch with her biological parents. In 2003, Chen Xiaoming was scolded by his adoptive parents for playing truant. Not convinced, he quarreled with his adoptive parents. Chen Lida slapped him in the face, and Chen Xiaoming angrily returned to his biological parents' home. Chen Lida went to the Wangs several times to find Chen Xiaoming and invited him home. Chen Xiaoming refused to go home and offered to sever the relationship with his adoptive parents. Two months later, Wang Huai 'an and his wife proposed to dissolve the adoption relationship, which was opposed by Chen Lida and his wife. After mediation by neighbors, Mr. and Mrs. Chen Lida agreed to dissolve the adoption relationship, but asked Mr. and Mrs. Wang Huai 'an to compensate them for the child care fee they paid for eight years *** 15000 yuan. Mr. and Mrs. Wang Huai 'an believed that the adoption was terminated because the Chen family abused it, so they could not pay them alimony. Both sides could not stand each other, so they went to court.

Q: Can the adoption relationship be dissolved? Should Mr. and Mrs. Wang Huai 'an compensate Mr. and Mrs. Chen Lida for their childcare expenses? (Please give a brief explanation when answering questions)

Hu Weiwei and Liu Ying got married on 1997, and they gave birth to a son, who is now 6 years old. Hu Weiwei's husband and wife have great differences in personality and hobbies. In addition, Hu Wei does business outside and seldom takes care of his family. Conflicts often occur between the two sides. Hu Weiwei had a mistress outside, putting pressure on Liu Ying to agree to divorce. Liu Ying is adamant about not agreeing to divorce. June 5438+October 2004 10, Hu Wei sued the people's court for divorce from Liu Ying. The court of first instance decided to grant the divorce, but Liu Ying refused to accept it and appealed to the court of second instance. During the trial, Liu Ying asked Hu Weiwei to pay damages for divorce. The court finally ruled that the two parties divorced, and the son was directly raised by Liu Ying, and Hu Wei could visit his son regularly. In order to get back at Hu Weiwei, Liu Ying refused Hu Weiwei to visit his son, and moved his son to a friend's house several times to avoid Hu Weiwei's visit. Hu Wei was very angry. After the divorce, Liu Ying found that Hu Wei had transferred some of the husband and wife's savings to the name of "Xiao San" before the divorce, and Liu Ying planned to file a lawsuit in court, demanding that the husband and wife's property be divided again.

According to the above facts, answer the following questions and briefly explain the reasons: (1) If the court of second instance upholds the original judgment, how should the court handle Liu Ying's request for Hu Weiwei to pay divorce damages? (2) Liu Ying refused to carry out Hu Wei's decision to visit his son. Can Hu Weiwei ask the court to enforce it? How should it be implemented? (3) Liu Can brought a lawsuit to the court, requesting to divide the marital property again?

Seven, Ning Jian and Jewel Lee are cousins, and they have a close relationship since childhood. When I grow up, I am even more congenial. Despite their parents' strong opposition, they insisted on getting married. In July 20001year, after graduating from Song Jian University, I went to work somewhere in the south, and in June 20001year, Jewel Lee also went. They concealed their true kinship from the marriage registry. Got a marriage certificate. In the Spring Festival of 2002, the couple announced to their relatives and friends that they had registered to get married. Both parents thought the consequences were serious and were very anxious, so they asked a lawyer for advice. The lawyer told them that they could apply for annulment of marriage according to law. Besides, after Song Jian and Jewel Lee got married, they saved 20,000 yuan.

Answer the following questions according to the facts of this case and explain the reasons.

(1) Is the lawyer's statement correct? Can both parents apply for dissolution of marriage?

(2) How to divide the deposit of 20,000 yuan?

Eight. Xiaoya (female)' s mother died of illness in February 20001year, leaving an inheritance of 200,000 yuan. Xiaoya's legacy was not divided by differences with other heirs. Xiaoya and Zhao Wei got married in August 2002. Zhao Wei bought a rear projection TV set for the couple to use before marriage registration. In June 2003, Xiaoya received her mother's share of 80,000 yuan.

In August 2003, Xiaoya gave birth to a daughter, and Zhao Wei was very dissatisfied with it. The relationship between husband and wife began to be tense and they often quarreled. In June 5438+10 in the same year, Zhao Wei lived with Li Hua, a female colleague of this unit, and the relationship between husband and wife further deteriorated, making it difficult to live together. In March 2004, Xiaoya filed a lawsuit for divorce with the court. Zhao Wei agreed to divorce, but there was controversy over the division of property.

According to the relevant laws and judicial interpretations, answer the following questions and briefly explain the reasons:

(1) Should the court decide to divorce them?

(2) If both parties divorce, where should the daughter be raised?

(3) How should Xiaoya's legacy of 80,000 yuan be divided?

(4) How to divide rear projection TV?

9. Cui and Liu Lian are individual industrial and commercial households and often go out for business. 1March, 1993, Mr. and Mrs. Cui went to Guangzhou to purchase goods, never to return. In desperation, Cui's parents applied to the people's court in August 2007 to declare Cui and Liu Lian dead. 1In August 1998, the court declared two people dead. Cui and Liu Lian's son (7 years old) lives with his grandparents. In 2000, Cui Jing's grandparents were too old to raise Cui Jing, so they decided to adopt Cui Jing. At the end of 2000, Cui Jing's grandparents signed an adoption agreement with Wang Yushan and registered the adoption. At the beginning of 200 1, Mr. and Mrs. Cui suddenly appeared, and then Cui asked the people's court to confirm that the adoption relationship between Wan Yushan and her was invalid on the grounds that the adopter was unqualified and did not meet the adoption conditions.

Answer the following questions according to the case and explain the reasons:

(1) Does Cui Jing meet the requirements of the adoptee?

(2) Whether Cui Jingzu's parents meet the conditions for giving their children to others for adoption.

(3) Whether the adoption relationship is valid.

(4) Can the adoption relationship be dissolved?

Ten, Li Shugang fishing for a living, there is a two-story building, *** 12 room. His daughter Li Ling has been married for many years and has frequent contacts. Li Quanxi, the eldest son, built four houses with his business income and became a family. Li Quanxi's ex-wife died young, leaving her son Li Shan; After his wife Ren Ping, Li Lin was born. Li Shan is a demobilized soldier. In order to form a small family, he also bought two new houses with the demobilization fee. His wife He Hui and his daughter Li Jie. Li Shugang's second son, Li Quanxing, has passed away, and his wife Wang remarried with her son. Song Jian, a friend of Li Shugang's, once helped Li Shugang. Li Shugang wanted to give Song Jian some money, but he didn't accept it. Li Shugang wrote down the written evidence and gave two rooms of his family to Song Ming, the son of Song Jian, after his death. At the beginning of this year, Li Shugang, Li Quanxi and Li Shan went fishing. Their boat was destroyed in a typhoon, and some people died, but their time of death could not be determined. After the funeral, the relatives of the deceased had a dispute over the division of real estate. Li Ling thinks that his brother is dead and he is the only son of Li Shugang, and asks to inherit Li Shugang's 12 house; Ren Ping thinks that Li Ling is a married woman and can't go back to her family. She is the widowed daughter-in-law of Li Shugang, so the house should be inherited by her and lin li. In addition, she also believes that Li Shan is her son, and she also has the right to inherit the property in Li Shan. He Hui disagreed with them. Both she and Li Jie asked for the division of the inheritance, and Li Mingxing also asked for the inheritance. Song Heming didn't show his attitude for three months after he learned about this legacy. However, in the event of a dispute, the requirement of dividing the estate was also put forward.

Q: (1) Please point out the decedent and inheritance in this case, and explain the death order of the decedent and the reasons for identification.

(2) Whether the parties to this case, Li Ling, Ren Ping, lin li, He Hui, Li Jie, Li Mingxing and Song Xing, can divide the estate, respectively explain the reasons.

Xi。 The decedent Liu Huiliang died in May 1996. He has three sons and a daughter, the eldest son Liu Boxiao, the second son Liu Zhongxiang, the third son Liu Shuhu and the youngest daughter Liu Jinan. Liu Boxiao died of grief after his father's death in June of the same year. He has a wife Xia Guilan and sons Liu Mingchuan and Liu. Liu Zhongxiang has a son with his ex-wife and a son with Zhao Yu; Liu Shuhu has a wife as a good husband; He died in1August, 994, together with her husband Ma and daughter Ma Yuhua.

Liu Huiliang made a written will in June of 1993 10, stating that Liu Shuhu always refused to support himself and could not inherit the inheritance. Zhang Yang, a neighbor, has great affection for himself. He can get 1 legacy house and 1000 yuan in cash. Liu Jinan's life is difficult, and he can get three sets of heritage houses with 30,000 yuan in cash; In addition, Zhao Yushan, a friend for many years, has always taken care of himself in difficult times. Now his family is poor and he can get 30 thousand's inheritance.

It is also found that Liu Huiliang had 17 sets of real estate and cash 1 10000 yuan. Zhao Yushan died at the beginning of 1996, with his wife Zhang Guihua and son Zhao Dahai. When Liu Huiliang learned of Zhao Yushan's death, he told people around him many times that the Zhao family was very kind to me, and all the property specified in his will was given to Zhao Yushan's wife and children.

Q: 1. Who are the heirs and legatees of this case? Which parties are not heirs?

2. How should the parties in this case divide the inheritance? And please briefly explain the reasons.

12. He married Zhao Yu 1968 and had a son, Emperor Wu of Song, and a daughter, Liu. 1980 ran away from home in may due to a dispute with Zhao, and there has been no news. 1988 Zhao applied to the local court for a declaration of death, which was declared in August 1988. Zhao and his children inherited the legacy. Zhao Yu 1989 remarried. Liu Yuhe got married in July 2007 and had a son, Liu Mingjiang. 1987. Liu Yuhe died in a car accident. 1996 12 Zhao received a notice from a municipal public security bureau that he died of a heart attack in this city on19961. According to the investigation, Liu Jinan has been working for others since 1980 left home, and his life is very difficult. 1989 started a successful business and accumulated 2 million assets. During the business trip, Liu Jinan met Hu Rou and got married on New Year's Day (199 1). 1April, 992, they had a daughter, Liu Dongdong. In 1995, Liu Jinan personally wrote a will, indicating that his property would be shared equally by Hu Rou, Liu Dongdong, Zhao and others after his death.

Q: 1. How to determine the time of death of Liu Jinan? Why?

2. Is it valid for Zhao and others to inherit their inheritance after death? Why?

3. Assuming that Liu Jinan's will made in 1995 (that is, after being declared dead) does not violate the mandatory provisions of the law in content and form, is the will valid? Why?

4. How should the will made by Liu Jinan 1995 be implemented?