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Chapter 9 Rights Subjects
This is an article about Chapter 9 Mind Map of Rights Subjects, the civil rights capacity of natural persons: refers to the qualifications to enjoy civil rights and bear civil obligations. Laws are equal, there is no distinction between big or small, strong or weak, just focus on the starting point and the end point.
Edited at 2024-02-06 00:17:08- One Hundred Years of Solitude Character Relationship Chart
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- One Hundred Years of Solitude Character Relationship Chart
One Hundred Years of Solitude is the masterpiece of Gabriel Garcia Marquez. Reading this book begins with making sense of the characters' relationships, which are centered on the Buendía family and tells the story of the family's prosperity and decline, internal relationships and political struggles, self-mixing and rebirth over the course of a hundred years.
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Chapter 9 Rights Subjects
- One Hundred Years of Solitude Character Relationship Chart
One Hundred Years of Solitude is the masterpiece of Gabriel Garcia Marquez. Reading this book begins with making sense of the characters' relationships, which are centered on the Buendía family and tells the story of the family's prosperity and decline, internal relationships and political struggles, self-mixing and rebirth over the course of a hundred years.
- One Hundred Years of Solitude Character Relationship Chart
One Hundred Years of Solitude is the masterpiece of Gabriel Garcia Marquez. Reading this book begins with making sense of the characters' relationships, which are centered on the Buendía family and tells the story of the family's prosperity and decline, internal relationships and political struggles, self-mixing and rebirth over the course of a hundred years.
- Project Management Process Template
Project management is the process of applying specialized knowledge, skills, tools, and methods to project activities so that the project can achieve or exceed the set needs and expectations within the constraints of limited resources. This diagram provides a comprehensive overview of the 8 components of the project management process and can be used as a generic template for direct application.
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- Outline
Ways to participate in private legal life
individual, natural person
The civil rights capacity of a natural person: refers to the qualification to enjoy civil rights and bear civil obligations. All are equal, there is no distinction between big or small, strong or weak, just focus on the starting point and the end point
Starting point: from birth
Fetus: Article 16 of the Civil Code stipulates that when it comes to the protection of the interests of the fetus such as inheritance, acceptance of donations, etc., the fetus is deemed to have the capacity for civil rights. However, if the fetus is dead when it is delivered, its capacity for civil rights does not exist from the beginning.
Explanation: The fetus has the capacity for conditional partial (restricted) civil rights
According to Article 4 of the Interpretation (1) of the General Provisions of the Civil Code: Parents can act as legal representatives to assert the corresponding rights of the fetus before the fetus is delivered.
Natural person’s capacity for civil conduct
Capacity for civil conduct and capacity for will are based on capacity for civil conduct and the corresponding capacity for will.
Mainly based on age standards
supplemented by health standards
Types of civil capacity
Persons with full capacity for civil conduct: minors over 16 years old, with their own labor income as their main source of living.
Can independently carry out any civil legal act, unless otherwise specified by law
People with limited capacity for civil conduct are divided into two types: ① minors over 8 years old ② adults who cannot fully identify their own behavior
Can independently carry out civil legal acts corresponding to his will capacity or civil legal acts purely for profit, and can also carry out other civil legal acts with the consent of his legal representative
identify
Applicant: interested parties or relevant organizations
Determination procedure: Apply when litigation has not yet occurred, or you can apply for determination when litigation occurs on a case-by-case basis
Restoration of civil capacity
Disappears due to reasons such as the cure of a disease, and is legally deemed to have restored his capacity for civil conduct.
Carrying out civil legal acts
Carrying out civil legal acts purely for profit
Must be consistent with legal interests: a positive impact on the legal status of persons with limited capacity for civil conduct, including increasing their rights and reducing their obligations or other burdens.
Carrying out civil legal acts commensurate with mental capacity
Carrying out civil legal acts with the consent of the legal representative
Consent can be expressed to the counterparty or to a person with limited capacity for civil conduct.
People without capacity for civil conduct are divided into two types: ① Minors under the age of 8 ② Adults or minors over the age of 8 but unable to identify their own behavior
No civil legal act may be carried out independently, even with the consent of the legal representative.
Neither can one make an expression of intention, nor can one receive an expression of intention.
An expression of intention made to a person without capacity for civil conduct becomes effective when it reaches his legal representative.
guardianship
Classification
Minor guardianship and adult guardianship (based on age)
Adults only need to receive guardianship if they lack the capacity for civil conduct due to mental disability
Legal guardianship, designated guardianship and voluntary guardianship
legal guardianship
That is, guardianship that occurs directly in accordance with legal provisions. It is the legal obligation of such natural persons or organizations to serve as guardians. As long as they meet the legal conditions, they will automatically become guardians without any intention factor.
Appointed guardianship
In certain circumstances, the relevant organization or agency appoints a guardian, and a guardianship relationship is established accordingly.
First, when several persons with guardianship qualifications dispute the role of guardian, the residents' committee, village committee or court shall appoint a guardian in accordance with the provisions of Article 31 of the Civil Code.
The second is that the court revokes the qualifications of the current guardian in accordance with Article 36 of the Civil Code and appoints a new guardian.
Generalized willful guardianship
Guardianship based on the parties’ expression of intention. Voluntary guardianship takes precedence over legal guardianship in effectiveness.
Guardianship at will in a narrow sense, that is, guardianship at will of adults
testamentary guardianship
Agreement custody
Sole custody and joint custody (based on the number of guardians)
Ordinary guardianship and temporary guardianship (generally speaking, both are ordinary guardianships)
Special circumstances for temporary guardianship
There is a dispute about who should serve as guardian
After the people's court revokes the guardian and before re-appointing the guardian
occurrence of guardianship
Occurrence of legal guardianship
There is a ward
A ward is a person with incomplete capacity for civil conduct
There is an individual or organization qualified for guardianship
1) Parents; (2) Grandparents; (3) Brother or sister; (4) Other individuals or organizations who are willing to serve as guardians and have the consent of the residents' committee, village committee or civil affairs department of the minor's residence. The above-mentioned parties must have guardianship capabilities
Occurrence of appointment of guardianship
Apply
Applying for designated guardianship requires certain reasons, and the reason refers to a dispute over the determination of the guardian. Disputes may manifest as several parties vying to serve as guardians, or they may manifest as several parties pushing the envelope and none of them being willing to serve as guardians. The Civil Code does not clearly stipulate who has the right to apply for designated guardianship. Academically, it is generally believed that the applicant should be a party with guardianship qualifications.
Designated right subject
First, the residents’ committee, village committee and civil affairs department of the place where the ward resides, whose designation power is limited to disputes over legal guardianship.
not final
The second is the court.
finality
End point: finally death
physiological death
Declared dead
Requirements
The whereabouts of a natural person are unknown, that is, one does not know where one lives and one’s life or death is unknown.
Normal conditions, lasting for 4 years. Due to accidents (air crash, avalanche, tsunami, accidental falling into the water, etc.), lasting for 2 years. If the relevant agency proves that it is impossible to survive, the application for declaration of death is not subject to the 2-year time limit. During the war, the 4-year period applies
The applicant must be an interested person. The same natural person but different interested parties are declared dead and missing at the same time. If the requirements for declaration of death are met, the death shall be declared.
program
After accepting a death declaration case, the People's Court shall issue an announcement to search for the missing person. The announcement period is 1 year. Due to an accident, the whereabouts are unknown, and upon certification by the relevant authorities, the announcement period is 3 months. If the announcement period expires and there is no news, a judgment shall be made to declare the person dead; conversely, if there is definite news about the missing person, a judgment shall be made to reject the application.
effectiveness
Presumption doctrine, that is, presuming the death of an unaccounted person based on a death declaration, is more reasonable. my country adopts fictionalism, that is, fictionalizing the death of an unaccounted person through a death declaration.
Determination of time of death: Generally, the date when the court judgment is made is the date of death. If a person is declared dead due to an accident and his whereabouts are unknown, the date of the accident shall be deemed as the date of death.
The legal effects caused: For example, the marriage relationship is eliminated, inheritance begins, children can be adopted without their consent, the guardianship relationship is eliminated, life insurance payment obligations arise, etc. The death declaration is presumed dead and does not result in the whereabouts of the person unknown. The capacity for civil rights is eliminated. During his lifetime, although he has been declared dead, the civil legal acts he performed are still valid.
Cancel
The person declared dead reappears
The People's Court issued a judgment revoking the death declaration
Effect after revocation
Loss of effect retroactively, and legal relationships changed based on the presumptive effect of declaration of death should be restored to their original status.
Upon application by the person or interested party, the scope of interested parties is the same as the scope of interested parties applying for declaration of death, but the interested party applying for revocation of death declaration does not need to be the interested party applying for declaration of death.
As far as property relations are concerned, the person whose death declaration has been revoked has the right to request the return of the property from the civil subject who obtained his property in accordance with the inheritance law.
In the case where the spouse has not remarried, the spouse's wishes are respected and the spouse can choose to declare that he is unwilling to resume. If a spouse remarries during the period of declaration of death, even if he is later divorced or widowed, the revocation of the declaration of death will not result in the restoration of the original marital relationship.
After the death declaration is revoked, the parent-child relationship is restored on its own. If a child is legally adopted by others during the period when the child is declared dead, and after the death declaration is revoked, the missing person may not claim that the adoption relationship is invalid on the grounds that he did not consent, and the parent-child relationship cannot be restored on its own.
Civil law protection of the deceased
Spouses, children, and parents have the right to request the perpetrator to bear civil liability in accordance with the law; if the deceased has no spouse, children, and parents have died, other close relatives have the right to request the perpetrator to bear civil liability in accordance with the law.
A consortium that is less organized than a legal person (between a legal person and a consortium)
The property basis is not used as the decisive factor, and the order is as follows (from low to high organization):
Temporary partnership:
inheritance community
general civil partnership
marriage or family community
partnership
Special: Societies without rights and abilities
Involving the basis of property, the order is as follows (from low to high organizational level): community by shares, community in common, legal person
Consortium, such as: an organization with legal personality