Uncle's accident died accidentally. Does the nephew have the right to inherit the inheritance?
Author:Tianshan.com Time:2022.07.20
[Case]
In April 2021, when the driver of Luopu County, Shi Mou collided with You Mourong's electric vehicle when he was driving a heavy semi -hanging traction vehicle, causing You Mourong to die. The traffic police department was determined that the two parties were responsible for the accident.
You Mourong has no straightforward relatives, and his nephew Youmou provides a residence for his lifetime. After Youmou finished the funeral matters of You Moo Rong, he filed a lawsuit with the court, asking Shi and the insurance company to compensate for the funeral expenses, mistakes, transportation expenses, death compensation, and mental damage soothing caused by You Mourong's death. Losses for items.
[Dharma]
According to Article 1,288 of the "People's Republic of China": The child of the heir to the heir to death is inherited by the direct child of the child who was inherited.
The brothers and sisters of the heir are died before the heir, and the children of the siblings of the heir are inherited.
Inheritance heirs can generally only inherit the inheritance share of the successor inheritance.
[Interpretation]
The judge of the Luopu County People's Court, who hosted the case, introduced Ayi Aidi to introduce that the defense compensation should include three parts: related property losses compensation, death compensation, and mental damage compensation.
"As the heirs of You Mourong's qualifying, he provided You Mourong with a place of residence before his lifetime, and was responsible for his post -death funeral matters, and there was a certain economic implication and emotional dependence with You Mourong." It is said that in conjunction with the property property of the inheritance processed by the death compensation, the court determined that the heirs in the consistency have the right to claim to the infringer the death compensation after the death of the heir.
"In other words, You Mou has the right to claim the death compensation of You Mourong to the cause of the accident." Tuer sent Ayi to say that this method also reflects that the people's codes should be transferred more to the deceased's property in the blood relative family. The basic humanistic care, ensuring that private property flows inside the blood family, advocates the form of value orientation of the whole society to form the elderly and loves the young and attach great importance to the goodness of affection. (Pomegranate cloud/Xinjiang Daily reporter Yang Shuhan compiled)
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