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BONING CASE

The factual marriage cognizance in the inheritance dispute

Ⅰ. Case basic Information collection

Case Type:Cases of lawyers ' lawsuits                             

Business Type:Matrimonial Family Litigation                             

Time of court decision:May 25, 2017                        

Name of court:Ningbo Intermediate People's Court                       

Name of defence counsel:Liu Peipei and Zhang Xin                         

Name of law Firm:Zhejiang boning Law Firm                 

Provide by(real name, Unit + names)Zhejiang boning Law Firm Liu Peipei   

Peer review (real name, progressive):

Retrieving keywords:Factual Marriage Confirmation 

  Ⅱ.Case Body Collection

  Chen sues the dispute case of Ju and De succession right

  【Case Briefs】

  Chen after the death of his ex-husband and Sheng since April 1990 to live together, did not deal with marriage registration, Chen MoU with Sheng childless, Chen MoU has a son, they have been accompanying 26, until 2016 Sheng died. Because Sheng left a piece of demolition, his sister Shing and brother Shing then think Sheng without wife and children, they can inherit the demolition, because the money has been taken away from the bank, and then to the court to claim to inherit the demolition money.

  The first instance of the court that (1) Sheng in 2009 to the Civil Affairs Department, the registered family situation, marital status for unmarried, because of their frail, poor health, low income, difficult life, demanding minimum living security. After investigation and verification, the villagers Committee confirms that the Sheng is true and the income is approved accurately. (2) January 7, 2016, the police station to Chen MoU, at that time, Chen MoU said: "We live together so far, during the Sheng had proposed the past to get a marriage certificate, but I was older, so old and refused." In two, Sheng and Chen, although the common life, but did not really see each other as their spouses, so the first instance of the court did not identify Chen and Sheng the fact of marriage.

  Chen and Sheng are farmers, the Department of Illiteracy, dependent 26, during which they have been dealing with the name of the husband and wife, near the villagers think two people are husband and wife relationship. The first instance court makes the first instance judgment, according to the successor Sheng before the application of the minimum and the police station to do the interview record, that Chen and Sheng subjectively not regard the other party as their spouse, thus denying their de facto marriage, Chen has lost inherit Sheng inheritance. Chen a difficult life, in order to maintain life, the demolition money is vital to her, the first instance of the court did not determine their de facto marriage, the loss of his wife, and will lose the inheritance, let her even worse.

  【Defence comments】

  In our opinion, this case is the inheritance right dispute, which mainly disputes whether Jiao Chen and Sheng are de facto marriages. The case concerning the determination of the fact of marriage shall apply to the interpretation of the Supreme People's Court on several issues concerning the application of the marriage Law of the Peoples Republic of China (a) fifth of the first paragraph stipulates: February 1, 1994, the Ministry of Civil Affairs "Marriage Registration Regulations" promulgated before the implementation of the two sexes have met the In this case Chen MoU and Sheng have the fact marriage relation, the specific reason is as follows:

  A. The successor Sheng in May 2009 to the Civil Affairs Department to apply for the minimum, the marital status of the application material is at that time staff according to the booklet copied, "Unmarried" is not the words Sheng handwriting. When the application form is completed by the relevant government staff and the "unmarried" form is consistent with that of the residence booklet, Sheng out of trust and as a farmer with a low education level, in the case that the content of the other person's fill is inconsistent with the actual marital status, It is possible and understandable to sign your name on the application form.

  Sheng's ID registered as unmarried because there has been no relevant change procedures for a long time, the minimum requirements for the application material to fill in the form of a residence booklet can also reduce the bid in the process of a certain trouble, the first instance of the Court on the basis of the minimum subsistence application materials filled in the content, Ignoring the objective situation of filling in the form and Sheng educational level, it is found that Sheng subjectively does not fit the appellant as a spouse.

  B. January 7, 2016 police station to Chen MoU in the record mentions "refuses with Sheng to transact the marriage registration formalities" is not refuses and Sheng to become the husband and wife, Chen MoU's true meaning is "two people already is the old married couple, now the advanced age, In order to save trouble and reduce the so-called problem, you can not go to the formalities, according to the original state of life. Moreover, since then the two people have deliberated in this spring to deal with marriage registration formalities, but the day is not false years in the heir Sheng.

  Chen is a farmer, the education level is low, now the advanced age expression ability is not strong. January 7, 2016 police station received Shing and Shing for the theft of the report, on the appellant Chen asked, the appellant has the following statement: "I live with Sheng so far, during the Sheng had proposed the past to get a marriage certificate, but I was older, so old and refused." Chen MoU was summoned to the police very nervous for the first time, in addition to their own expression is not strong, although the above statement, but between the lines is not to refuse and Sheng become husband and wife, but only to think that two people are old, and has been in the name of husband and wife for many years, you can omit the form of the procedure, in accordance with the state of the And after this, the two people have negotiated in the spring to deal with marriage registration, but the days than people wish, not until the spring, Sheng first Chen MoU. However, the unexpected is the matter to this day, because Chen had a lack of legal awareness earlier, let Shing and Shing seize Chen and Sheng form did not carry out marriage registration loophole, after the death of Sheng came to seek inheritance, and in fact, Shing and Shing in the Sheng was never to take care of it, did not ask about Sheng life.

  Chen and the heir Sheng from 1990 to Sheng died on the day of the husband and wife to live together and live, mutual care, mutual support, two people have already regard each other as their spouses. Not only that, in the past more than 20 years, the two people have been in the name of the husband and wife of the foreign affairs, such as the two people to participate in the wedding of relatives and friends to attend together, the gift is also in the name of the husband and wife, nearby villagers also agree that the two people are husband and If Chen MoU and Sheng each other does not regard each other as their spouse, under the traditional Chinese countryside social etiquette and the morals restraint, two people to deal with the social affairs in the husband and wife's name will have the very big influence to a rural woman's reputation.

  【Verdict Results】

 

  The Court of second instance holds that, according to the law, before February 1, 1994, when both sexes meet the substantive requirements of marriage, they do not transact marriage registration formalities, that is, they live together in the name of husband and wife, and the masses are considered spouses, according to the implementation of marital treatment. Sheng died, the local police station produced interrogation transcripts, nearby villagers and village cadres have said Chen and Sheng since around 1991 began to live together, the villagers think they are husband and wife. Shing in the public security organs of the interrogation transcripts also mentioned that his brother Sheng and Chen to start a common life with the villagers statement. Although Chen MoU and Sheng did not transact marriage registration formalities, but before February 1, 1994 had complied with the real element of marriage, and has been living together until Sheng died, should identify Chen and Sheng between the actual marriage relationship. The application form of the minimum guarantee is consistent with the registration, and cannot be regarded as the basis of the relationship. Chen in the public security organs of the interview in the record expressed due to the age of the reason not to get the card, can not deny the fact of marriage between the two parties. Chen MoU, as the only first successor of Sheng, can inherit the lawful property left by Sheng.

BONING CASE