UGG Boots Adoptive father died in a car accident with no compensation for the death struggle between

Morning News adoptive Tan Yuxi suddenly encountered a car accident early death, during his lifetime, the elderly have been left a will, implicitly, Since then, Tan Huawei hand in dealing with the old man's funeral, and from the responsible party received 93,400 yuan death, where gold and 13,000 yuan in emotional damages. June, year-round and not in contact with old daughter Tan Lingna Shimonoseki in District Court in Nanjing, she demands to take away column. This is more on the strength of the siblings.

adoptive daughter after the death of cable, Since then, the couple did not give birth again, a pair of adopted children brought up. In the 1980s, tensions with parents sister Tanling Na, moved to another shelter, an old married couple is living together with his son Tan Huawei. A few years ago,UGG Boots, Tan Yuxi's wife died. In January this year, Tan Yuxi elderly when they go out occasionally in a car accident, He died the death.

by the traffic control department mediation, mediation agreement reached between Tan Huawei and accident, and received, including death compensation 93,400 yuan, 13,000 yuan in emotional damages, including money. Tan Lingnuo that after the death of father, shut down in June this year, district court to require the return of his brother died because his father obtained a car accident death compensation, half in emotional, that is 53,200 yuan. Tan Huawei feel outrageous, the sister relationship with the father poor father before his death in the maintenance obligations are not entirely over, moment to jump out to cents, it does not meet the human nature!

court, the lawsuit is very tight, the two sides against each other. Tan Lingna said, because the adoptive father died in a car accident compensation arising from the death, in emotional, personal heritage can not be counted as the elderly, Tan Huawei disagree, come up with a father before his death he left a will, the above stated part of my sister not entitled to inherit. no longer concessions. Tan Lingnuo clearly refused to accept, she would very much like to know how to look at the judges' two gold,

In August, District Court of First Instance has Shimonoseki statement. The court held that: heritage left by the death of a citizen's personal legal property. Compensation for death, the spirit of the deceased was in emotional damages arising after the death of non-normal, it does not meet the legal characteristics of heritage. Thus,UGG Boots, the court returned Tanling Na Tan Huawei death compensation 46,700 yuan, 6500 yuan in emotional, totaling 53,200 yuan.

the first trial, Tan Huawei to Nanjing Intermediate People's Court of Appeal, at present, the second trial has been closed mediation, Tan Huawei payment Tanling Na 4.5 million.

■ Judge Detailed

heritage is the legacy of civil death, can legally be transferred to another person's personal legal property. Citizens only in the presence of his life in order through the exercise of certain civil actions, the legal possession of property and exercise their possession, use, benefits and rights of action, including the intestate in his lifetime to dispose of their property.

and personal injury accidents, the perpetrators to pay compensation for death, the spirit of solatium on the premise that the citizens have died, thus giving its close relatives by the offender caused physical and mental pain of loss of income the kind of compensation. This part of the property in the death of the deceased or does not exist, neither the death of citizens through the exercise of civil behavior obtained in person, can not be punished, the law does not meet the heritage features. Therefore, compensation for death does not belong to the scope of heritage, naturally can not be inherited.

compensation for the death of the division, the law does not clearly defined, under normal circumstances should be based on the victim's close relatives as subjects of rights. The range of close relatives, usually refers to the legal heir of the deceased that the deceased's first order of the spouse, parent, child; which includes legitimate children, illegitimate children, adopted children and stepchildren dependent relationship. In the present case, because Tan Yuxi's parents, spouse dies early in Tan Yuxi, it involved the death compensation 93,400 yuan,UGG Boots, 13,000 yuan comfort mental damage, should identify the Department daughter Tanling Na, son Tan Huawei common property. (Paper party pseudonym)

Author: Yu-beam Court cases / Source: Nanjing Morning Post