1. Collection of basic case information

Case Type: Lawyer Litigation Case

Type of business: matrimonial and family litigation

Court judgment date: May 25, 2017 .

Court name: Ningbo Intermediate People's Court

Attorney's name: Liu Peipei, Zhang Xin

Law firm name: Zhejiang Boning Law Firm .

Contribution (real name, unit + name): Liu Peipei, Zhejiang Boning Law Firm

Review (real name, step by step):

Search subject heading: De facto marriage determination

2. Collection of case text

Chen Mou v. Bian Mouju and Bian Moude in the case of dispute over inheritance rights

【Introduction to the case】

Chen Mou and Bian Mouzhen have been living together since April 1990 after the death of his ex-husband. The marriage registration has not been completed. Chen Mou and Bian Mouzhen have no children. Chen Mou has a son. They have been together for 26 years until Bian Mouzhen in 2016. died. Because Bian Mouzhen left a demolition money, his sister Bian Mouju and younger brother Bian Moude thought that Bian Mouzhen had no wife and children, and they could inherit the demolition money according to law. Since the money had been taken from the bank by Chen Mou, So the court sued for the inheritance of the demolition money.

The court of first instance held that (1) when Bian Mouzhen applied to the civil affairs department in 2009 for subsistence allowances, the registered family status was unmarried, because he was old and frail, poor health, low income, and living difficulties. Minimum living guarantee. After investigation and verification, the villagers committee confirmed that the above situation of Bian Mouzhen was true, and the income approval was accurate. (2) On January 7, 2016, the police station questioned Chen. At that time, Chen stated: "We have been living together until now. During this period, Bian asked to obtain a marriage certificate in the past, but I thought that he was too old, so he decided to get married. So old to refuse." To sum up the above two points, although Bian Mouzhen and Chen Mou lived together, they did not really regard each other as their spouses, so the court of first instance did not determine the de facto marriage between Chen Mou and Bian Mouzhen.

Chen Mou and Bian Mouzhen are both farmers and illiterate. They have been together for 26 years. During this period, they both handled affairs in the name of husband and wife. Nearby villagers believed that the two were husband and wife. The first-instance court made the first-instance judgment. Based on the application form of the deceased Bian Mouzhen's application for minimum living allowances before his death and the transcript of the inquiry made by the police station to Chen, it believed that Chen and Bian did not regard each other as their spouses subjectively, thus denying Due to their de facto marriage, Chen lost his right to inherit Bian Zhenzhen. Chen's life is difficult. In order to maintain her life, the demolition funds are very important to her. The court of first instance did not recognize their de facto marriage. She already lost her wife and will lose her inheritance rights, which made her even worse.

【Agent opinion】

We believe that this case is a dispute over inheritance rights, and the main dispute is whether Jiao Chen Mou and Bian Mouzhen are a de facto marriage. The determination of de facto marriage in this case shall be governed by the Supreme People's Court's interpretation of several issues concerning the application of the Marriage Law of the People's Republic of China (1) Paragraph 1 of Article 5: On February 1, 1994, the "Regulations on the Administration of Marriage Registration" of the Ministry of Civil Affairs were promulgated and implemented In the past, if both the man and the woman had met the essential requirements for marriage, they were treated as de facto marriage. In this case, Chen Mou and Bian Mouzhen have a de facto marriage relationship. The specific reasons are as follows:

1. The decedent, Bian Mouzhen, applied to the Civil Affairs Department for a minimum living allowance in May 2009. The marital status in the application materials was copied by the staff at that time according to the household registration book, and the word "unmarried" was not written by Bian Mouzhen himself. Under the circumstance that the application form was filled out with the help of relevant government staff, and the filling of "unmarried" was consistent with the household registration form, Bian Mouzhen, out of trust and as a farmer with a low level of education, filled it out on behalf of others. If the content of the application is inconsistent with the actual marital status, it is possible and understandable to sign your name on the application form.

Bian Mouzhen’s household registration book is registered as unmarried because he has not gone through the relevant change procedures for a long time. The content filled in the application materials for the minimum living allowance is consistent with the household registration book in form, which can also reduce certain troubles in the application process. The court of first instance only applied for the minimum living guarantee The content filled in the materials, ignoring the objective situation when filling the form and Bian Mouzhen's education level, it is inappropriate to determine that Bian Mouzhen subjectively did not regard the appellant as his spouse.

2. "Refused to go through the marriage registration procedures with Bian Mouzhen" mentioned in the transcript of the police station's inquiry to Chen on January 7, 2016 is not a refusal to become husband and wife with Bian Mouzhen. Chen's true meaning is "the two have already It is an old husband and wife, and now that they are old, in order to save trouble and reduce the so-called trouble, they can continue to live in the original state without going through the formalities." Moreover, the two have since discussed going through the marriage registration formalities this spring. It's just that the day does not leave the year for the heir Bian Mouzhen.

Chen is a farmer with a low level of education. Now that he is old, his ability to express himself is not strong. On January 7, 2016, the police station received a report that Bian Mouju and Bian Moude had suffered theft, and questioned the appellant Chen Mou. During the questioning, the appellant made the following statement: "I have lived with Bian Mouzhen until now. During the period, Bian Mouzhen once proposed to get a marriage certificate in the past, but I rejected it because I was too old." Chen Mou was very nervous because he was summoned to the police for the first time, and his expressive ability was not strong. To make the above statement, but between the lines is by no means refusing to become husband and wife with Bian Mouzhen, but only that the two are old and have been together in the name of husband and wife for many years, so the formal procedures can be omitted, and they can be accompanied according to the previous state. old. And after that, the two have discussed to go through the marriage registration after the spring of this year, but the day is not as expected, and before the spring, Bian Mouzhen will go before Chen Mou. However, what is unexpected is that until now, because Chen Mou lacked legal awareness earlier, Bian Mouju and Bian Moude took advantage of Chen and Bian Mouzhen's formal unregistered marriage, and after Bian Mouzhen died They came to ask for inheritance, but in fact Bian Mouju and Bian Moude never took care of Bian Mouzhen before his death, and never asked about Bian Mouzhen's life.

Chen Mou and his heir Bian Mouzhen have lived and lived together in the name of husband and wife since 1990 until the date of Bian Wenzhen's death, taking care of each other and supporting each other. The two have long regarded each other as their spouses. Not only that, in the past 20 years or so, the two have been dealing with external affairs in the name of husband and wife. For example, when the two attended the wedding of relatives and friends, they attended the wedding together in the name of husband and wife, and the gifts were also given in the name of husband and wife. The nearby villagers also agreed that The two are married. For example, Chen Mou and Bian Mouzhen do not regard each other as their spouses. Under the traditional Chinese rural social etiquette and moral constraints, the two will handle social affairs in the name of husband and wife, which will have a great impact on the reputation of a rural woman. .

【Judgment Result】

The court of second instance held that, according to the law, if both men and women met the essential requirements for marriage before February 1, 1994, they lived together in the name of husband and wife without going through the formalities for marriage registration. After the death of Bian Mouzhen, in the interrogation transcripts made by the local police station, nearby villagers and village officials said that Chen and Bian Mouzhen had been living together since about 1991, and the villagers believed that they were husband and wife. Bian Moude also mentioned in the public security organ's inquiry transcript that the time when his brother Bian Mouzhen and Chen Mou began to live together was consistent with the villagers' statement. Although Chen Mou and Bian Mouzhen did not go through the marriage registration formalities, but they met the essential requirements for marriage before February 1, 1994, and they lived together until Bian Mouzhen's death, it should be determined that Chen Mou and Bian Mouzhen were factual Marital relationship. The minimum living allowance application form must be consistent with the household registration and cannot be used as the basis for identifying the relationship between the two parties. Chen Mou expressed in the public security organ's inquiry record that he did not go to get the certificate because he was too old, and the de facto marriage relationship between the two parties cannot be denied on this basis. As the only first-in-line heir to Bian Mouzhen, Chen Mou can inherit the personal legal property left by Bian Mouzhen.