■Lawyer Cao Jing Jiangsu Sequoia Law Firm
Will my son repay the money borrowed before his death?
Mr. Zhang: In June, his father passed away due to illness. Before his death, he turned to Pharaoh to borrow 200,000 yuan during a business week, and issued an IOU, promising to repay it due on December 1 this year. After finishing his father’s funeral, Lao Wang found me and asked me to repay the money. The loan has not yet expired, and it was borrowed by my father from Lao Wang before he was alive. I didn’t know it. Do I have to repay?
Attorney Cao: According to Article 161 of the Civil Code, the heir shall pay off the taxes and debts that the decedent should pay according to the law within the limit of the actual value of the inherited property. Except for the part that exceeds the actual value of the estate, the heir voluntarily repays it. If the heir abandons the inheritance, he may not be liable for paying off the taxes and debts that the heir should pay according to law. In other words, if you inherit your father’s estate, then you should help your father repay the loan within the scope of inheritance. If the father’s estate is insufficient to repay the loan, you may not pay off the excess.
The child followed the mother’s name, and the father left in annoyance
Ms. Li: I became pregnant while living with Mr. Wei and gave birth to a child. There was a disagreement between whether the child should follow the father’s surname or the mother’s surname. Since then, it has nothing to do with me and the child. Can Mr. Wei really shake his hand to the child without asking?
Attorney Cao: According to the Civil Code, children born out of wedlock have the same rights as children born in wedlock, and no organization or individual may harm or discriminate against them. The biological father or biological mother who does not directly raise children born out of wedlock shall bear the support of minor children or adult children who cannot live independently. The order of succession of children born in wedlock, children born out of wedlock, adopted children, and dependent stepchildren is equal. Therefore, children born in wedlock and children born out of wedlock have the same legal status, and raising, educating, and protecting children is a moral obligation and even more a legal responsibility.
If you leave without permission, is an accident counted as a work-related injury?
Ms. Zhang: At 10 o’clock on May 8th, during work, my mother suddenly had an emergency at home and asked the unit leader for leave, but she was not approved. I was anxious, so I rode an electric bike to leave the unit and headed to my mother’s house. I didn’t want a traffic accident on the road, the traffic police determined that I was secondary. Can I enjoy work-related injury insurance benefits?
Attorney Cao: According to Article 14 of the “Work Injury Insurance Regulations”: On the way to and from get off work, if you are injured in a traffic accident that is not your primary responsibility, it shall be deemed as a work injury. According to Article 6 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases of Science and Technology Injury Insurance: A reasonable route to and from work within a reasonable period of time between the place of work and the place of residence of spouse, parents, and children shall be regarded as a reasonable route . However, “off duty” usually refers to the end of the stipulated work or the way of granting leave from the unit as the end. If you leave the unit without approval of the leave, it is not considered to be off duty. Therefore, the traffic accident injury you suffered while leaving the unit is not a work-related injury, but you can ask the other party for compensation.
Tanabata gave a 10,000 yuan bracelet to his girlfriend, can I get it back after a breakup?
Ms. Wang: On the day of Chinese Valentine’s Day, in order to enhance the relationship, my boyfriend made a custom diamond bracelet for me, and gave it to me as a token of love. I was very touched, and when I was excited, I took a picture and posted it to Moments. But this move caused dissatisfaction with her boyfriend, who believed that the love between the two had disturbed the circle of friends and was suspected of showing off his wealth. He was a low-key person and didn’t want to be so high-profile. For this reason, the two quarreled endlessly, and finally chose to break up. Now my ex-boyfriend asks me to return the diamond bracelet, do I want to return it?
Attorney Cao: According to Article 557 of the Civil Code: A donation contract is a contract in which the donator gives his property to the donee free of charge, and the donee indicates that he accepts the gift. At the same time, Article 658 of the Civil Code stipulates that the donator may revoke the donation before the transfer of the right to the donated property. However, the notarized gift contract or the gift contract that has the nature of public welfare and moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled that cannot be revoked in accordance with the law does not apply to the provisions of the preceding paragraph. Therefore, the behavior of the two parties in this case in sending gifts to each other in order to cultivate feelings during their relationship is generally a gift, and in principle cannot be revoked.
The lawyer’s opinion is for reference only.
Xu Bao Financial Media Correspondent Meng Li
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