Where the personal insurance does not specify the beneficiary, the insurance money shall be handled as the insured's estate in accordance with Article 42 of the Insurance Law, and shall be inherited by the statutory heirs; the heirs may apply for payment in writing, and if the payment is refused, they may file a complaint or bring a lawsuit.
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After a shareholder's death, the company's articles of association may restrict the inheritance of shareholder qualifications, but the equity and property rights still belong to the inheritors. According to Article 90 of the Company Law and the Inheritance Chapter of the Civil Code, when claiming qualification confirmation or compensation for discounted value, it is necessary to first review the a...
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If a natural person shareholder of a limited company dies, his/her legal heirs may inherit the shareholder status without the consent of other shareholders, unless otherwise provided in the company's articles of association. In accordance with Article 90 of the Company Law, the following procedures should be followed: first, check the articles of association, and then determine the legal successio...
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After the partner's death, the share becomes part of the estate. According to Article 50 of the Partnership Enterprise Law, the heirs may join the partnership with the unanimous consent of all partners. Otherwise, the enterprise will refund the property share to them. First, the partnership agreement should be reviewed, and then the parties will negotiate the valuation of the shares.
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Foreign children can legally inherit domestic deposits, and after obtaining a notarization of inheritance or litigation to confirm their rights based on certified documents, they can withdraw the money from the bank. When transferring the inheritance abroad, they can apply for the transfer of personal property in accordance with the "Interim Measures for the Administration of Foreign Transfer and ...
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For overseas Chinese who inherit domestic real estate, Article 31 of the Law on the Application of Law to Foreign-related Civil Relations stipulates that the law of the place where the real estate is located shall apply. After obtaining inheritance notarization or litigation to confirm ownership based on certified documents, the transfer of ownership can be entrusted to a domestic lawyer to handle...
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The real estate inherited by minors shall be managed by their guardians; according to Articles 27 and 35 of the Civil Code, the minors' real estate shall not be disposed of except for their own interests, and the sale of the real estate shall require a guardian's certificate and a written guarantee.
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For school district houses, the inheritance process first involves determining the share of ownership and then transferring the ownership, household registration, and school admission rights in a comprehensive manner; according to Article 1156 of the Civil Code, assets that are not suitable for division may be compensated in cash or held in joint ownership. Legal inheritance is exempt from deed ta...
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Anyone who illegally alters a will shall be deemed invalid for the altered content, and the unaltered part shall remain valid; if the alteration by an heir is serious, the heir shall lose the right of inheritance. According to Articles 1143 and 1125 of the Civil Code, the heir may apply for a handwriting identification and sue to confirm the validity of the will.
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Before the heir deals with the inheritance, his failure to make a statement shall be deemed as accepting the inheritance, and the waiver must be expressed in writing; if the donee does not express his intention within 60 days after knowing that he has received the gift, it shall be deemed as a waiver. According to Article 1124 of the Civil Code, if the donee regrets his waiver after the waiver, th...
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The principle is that children under the age of two should be raised directly by their mothers, but if the mother suffers from a serious illness or fails to fulfill her parental obligations, the father may seek custody; according to Article 1084 of the Civil Code, children who have reached the age of two shall be judged in accordance with the principle that is most beneficial to the minor children...
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The evidence of domestic violence should be reported to the police to fix the police records, warning letters, and injury appraisal opinions; according to Articles 20, 23, and 28 of the Anti-Domestic Violence Law, the protection order should be issued within 72 hours, and within 24 hours in an emergency, the perpetrator may be ordered to move out of the residence.
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The core of granting custody to the mother is "in the best interests of the minor children": children under the age of two generally stay with their mother, and for children over the age of two, the court will consider factors such as care investment and a stable environment. For children over the age of eight, the court will respect their wishes. The decision is made in accordance with Article 10...
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After the divorce, if the ex-husband hides or transfers the couple's joint property, the wife can sue for a second division of the property in accordance with Article 1092 of the Civil Code. The statute of limitations for such lawsuits is three years from the date of discovery. The wife can also apply to the court to investigate the bank transactions and real estate registration records.
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If the divorce conditions cannot be agreed upon, the parties may first negotiate or seek pre-litigation mediation. If no agreement is reached, they shall file for divorce in accordance with Article 1079 of the Civil Code. If the mediation fails due to statutory circumstances such as separation for more than two years, the court shall grant the divorce; if the court does not grant the divorce after...
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