Mastering these legal knowledge, the little lady in the Song Dynasty can also quickly "clear the customs and upgrade" 丨 to watch "Menghua Record" with the Civil Code

The hit drama "Menghua Record" is about to end. The story of the drama happened in the Song Dynasty. It mainly tells the owner of Qiantang Tea Shop Zhao Pan'er. He joined forces with his sister Song Yinzhang and Sun Sanniang to experience the story of people's hearts and evils. Imagine that you have become the protagonist in the play. If you encounter emotional deception, successive children, hunting and wanted ... Mastering these legal knowledge below may help you "clearly upgrade" quickly.

01 Is it legal to send children to others?

Sun Sanniang's husband, Fu Xingui, carried her, and gave the only child Fu Zifang to the clan. How should the behavior of the "successor" of the child be legal? Will Fu Xingui be effective for Fu Zifang to follow others? Suppose Fu Zifang was given to others according to law. Does Sun Sanniang still have the obligation to support Fu Zifang?

In ancient times, there were sons -in -law "successful", and now there are "adoption" systems in law, which clearly stipulates the law of adoption in my country. According to Article 10,93 of the Civil Code, minors who can be adopted include orphans who lose their parents, minors who cannot find their parents, and children who have special difficulties who have special difficulties. Article 1077 of the Civil Code stipulates that the parents of their parents should be adopted by both parties. If the parents are unknown or unable to find, they can be adopted unilaterally.

In the play, Fu Zifang's parents are all there. Sun Sanniang has a good job in doing business. There is no case that there are special difficulties and unable to raise their children. Therefore, Fu Zifang does not meet the conditions for adoption. Assuming that Sun Sanniang's family has special difficulties, it is unable to raise the child. Can Sun Sanniang's husband go out without Sun Sanniang's consent? Article 1077 of the Civil Code stipulates that the parents of their parents should be adopted by both parties. If the parents are unknown or unable to find, they can be adopted unilaterally. Therefore, in the play, Sun Sanniang's husband has no right to sustain his son to others unilaterally.

After arriving in Tokyo, Sun Sanniang missed Fu Zifang very much. Assuming that in accordance with the law, Fu Zifang's adoption relationship was established. Does Sun Sanniang still have the obligation to support Fu Zifang? Article 1,111 of the Civil Code stipulates that the rights and obligations between adoptive children and their parents and other close relatives are eliminated due to the establishment of the adoption relationship. Since the establishment of the adoption relationship, the rights and obligations between adoptive parents and adopted children should apply the provisions of this law on the relationship between parents and children. Therefore, assuming that Fu Zifang adopted the relationship, the relationship between the rights and obligations of the parents and children between Sun Sanniang and Fu Zifang was eliminated.

02 During the boat, was arrested by officers and soldiers. Can I refund the ticket?

In the play, Zhao Pan'er and Gu Qianfan decided to take Zheng Ye's boat to walk from Qiantang to Tokyo. Gu Qianfan was wanted. Under the cover of Zhao Pan'er, he disguised as crew mixing the cabin. Does Zhao Pan'er and Zheng Ye have a contractual relationship? What legal liability should Gu Qianfan take the "escape" behavior? Zhao Pan'er and others were hunted down by officers and soldiers after getting off the ship in Jiaxing. Can they ask for a "refund"?

Article 809 of the Civil Code stipulates that the transportation contract is a contract for the carrier to transport passengers or goods from the place of transport to the agreed place, and a contract for passengers, consignors or consignees to pay tickets or transportation costs. According to the provisions of the Civil Code, the carrier shall transport passengers and goods to the agreed location in accordance with the agreed or ordinary transportation route in accordance with the agreed or ordinary transportation route. Passengers, consignors or consignees shall pay tickets or transportation fees. Zhao Pan'er and Zheng Ye negotiated to take a boat from Qiantang to Kyoto, forming a verbal transportation contract relationship. Gu Qianfan dressed as a loading and unloading person who mixed the ship and did not pay the transportation fee.

In order to see Sun Sanniang, Zhao Pan'er and others got off the boat in Jiaxing. Unexpectedly, they were chased and found that the three had never returned the ship and arrived in Kyoto. According to Article 816 of the Civil Code, if the passengers cannot take the time of the time of the ticket record, the passengers shall go through the refund or change the procedures within the agreed period; No longer assume transportation obligations. In the play, Zhao Pan'er did not return to the cabin after getting off the boat and could not continue to ride due to his own reasons. Zhao Pan'er could go to the dock to negotiate with Zheng Ye to return part of the boarding fee, but the group did not return to the ship to negotiate after being pursued. The grandfather can not refund Zhao Pan'er's ticket, and no longer bear the obligation to transport.

03 Pretending to be a wealthy businessman, can marriage be revoked?

In the play, Zhou She lied that he was a wealthy businessman. He said that he loved Song Yinzhang, but he actually wanted to deceive Song Yinzhang's money. Can Song Yinzhang find that the above be deceived as required to cancel the marriage? What are the differences in the effectiveness of marriage and divorce?

According to the relevant provisions of the Civil Code, those who are married for coercion can request a marriage from the people's court to cancel marriage. If one party suffers from major illnesses, the other party shall be informed before the marriage registration; it is better to inform the other party, and the other party can ask the people's court to cancel the marriage. If the marriage is requested, it shall be proposed within one year from the date of the reasons for the cancellation of self -stress behavior, self -knowing or knowing the reasons for the revocation. It can be seen that only in the case of being coerced or not informing the major diseases, you can propose a cancellation of marriage.

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