The man died unfortunately and received a compensation for millions of yuan.The wife and father -in -law had a dispute because of how to allocate death compensation, and whether the abnormalities have the right to participate in distribution have also become the focus of controversy.
Through patiently explaining the law, the mediation officer clarified the nature of death compensation, raised the future of the child, eliminated the confrontation between the parties, and finally successfully resolved the dispute.
How to allocate compensation for death accidents and deaths
Wang Moumou and Zhang Mou’s husband and wife, Zhang Moujia and Sun Moumou are the parents of Zhang Mouyi.In March 2021, when Zhang Miqi rode an electric bicycle to the intersection, he was knocked down by a large truck with a right turn, and he died of ineffective rescue by the hospital.
Later, an insurance company that was insured by the driver, the vehicle unit and the vehicle and the vehicle signed an agreement with Wang Moumou and Zhang Moujia and Sun Moumou: a one -time compensation Wang Moumou and other close relatives compensation, funeral expenses, maintenance fees, spiritual spirit, spiritual spiritLosses such as more than 1.8952 million yuan.
When Zhang Mouyi died, Wang Moumou was pregnant for 9 months and gave birth to Zhang Moubing in the second month after the incident.
After the compensation was entered into Wang Moumou’s account, Zhang Moujia and Sun Moumou had not been divided into the share he should enjoy, and repeatedly asked Wang Moumou to ask.Zhang Moujia and Sun Moumou came to the local street People’s Mediation Committee to apply for mediation.
Zhang Moujia and Sun Moumou believed that the compensation for death should belong to the heritage of the son Zhang Mouyi. They enjoyed the right of legal inheritance as their parents, and when Zhang Mouyi died, Zhang Moubing was not born and should not participate in the division of death compensation.Essence
Find the Focus on the Focus of Controversy, the mediation staff patiently interpret
At the mediation site, Wang Moumou believed that the death compensation should be the common property of the husband and wife. When the division was divided, half of them should be owned by himself, and the other half was divided by the other people together, and the son Zhang Moubing could also get compensation.
After sorting out and analysis of the case, the mediation officer summarized the focus of the dispute between the two sides: whether the death compensation belongs to the inheritance or the common property of the husband and wife; whether Wang Moumou’s son Zhang Moubing enjoyed Zhang Mouyi’s death compensation.
The mediation officer said that Article 1,22 of the Civil Code stipulates that the legacy is a personal legal property left by the death of natural persons.In other words, the heritage is a legal property that belongs to citizens before the death of citizens. Citizens can make a will to deal with it before their lifetime; and the death compensation does not exist before the death of citizens, and the death compensation is not given to the deceased.It belongs to the deceased.Therefore, death compensation is not a citizen’s inheritance, but a kind of property damage compensation for the overall expected income loss of the deceased’s family.The "spouse, parents, children, etc. are close relatives" stipulated.
In addition, Article 1062 of the Civil Code stipulates that the common property of the husband and wife refers to the property co -owned by the husband and wife during the existence of the husband and wife, including wages, bonuses, etc.The death compensation is not obtained during the joint life of the husband and wife. It is a compensation generated after death, so it is not a common property of the husband and wife.
For whether the fetus has the right to divide the compensation of death, Article 16 of the Civil Code stipulates that if the fetus involves the inheritance of the inheritance of the inheritance and accepts gifts, the fetus is deemed to have civil rights.Zhang Moubing was a fetus when Zhang Mi died, but since his birth, he has civil rights capabilities. Based on the principle of protection of fetal interests, combined with the judicial case of similar cases, the benefits of their acceptance of compensation should be protected. When dividing the death compensation compensationIt should be retained.
The case is a dispute between property division.The mediation officer further explained that when the common objects are divided, it is necessary to comprehensively consider the intimacy, living conditions and dependence of the parties and the deceased appropriately.
Protect the rights and interests of minors to reach consensus on both parties
Wang Moumou lost his husband at a young age, and he was mentally striking and family income. The young son needed Wang Moumou to raise it alone.The parents of the deceased are nearly 70 years old and need to take care of them. The death of the son will inevitably cause great mental and psychological damage to the parents.
The mediation officer pointed out that Wang Moumou and Zhang Moujia have the right to divide the compensation of death. The specific share hopes that the parties will actively negotiate.
After listening to the interpretation of the resolution, Wang Moumou said that after her husband died, she would take the child’s support obligation independently and want to use the compensation as a support for support.
Zhang Moujia and Sun Moumou said that although he was nearly 70 years old, he had sufficient pension and medical insurance pension. He put forward the demands of allocating compensation, mainly because he was worried that once Wang Moumou remarried, Sun Tzu’s future life will not be guaranteed., Want to leave the compensation to the grandson Zhang Moubing to prepare from time to time.
In view of the fact that the parties in all parties lived in the future for minors, and in order to jointly protect the legitimate rights and interests of minors, the mediation officer suggested that Zhang Moujia and Sun Moumou properly reduced the share of compensation.At that time, the warmth given by the elders.
At the same time, the mediation officer informed the parties that Article 35 of the Civil Code stipulates that the guardian shall perform the supervision responsibility in accordance with the principles that are most conducive to the guardian.Except for the protection of the interests of the guardian, the guardian shall not dispose of the property of the guardian.
After Zhang Moujia and Sun Moumou listened to the mediation officer’s explanation, they suddenly relaxed a lot.
The mediation officer finally reached an agreement on the closeness of the parties and the deceased, and the source of life and the source of life.The two parties signed a mediation agreement under the testimony of the mediation offer and were satisfied with the mediation results.
This is a common property division dispute caused by death compensation.For the division of death compensation, there is no clear standard definition of the current law.
Death compensation is a kind of property damage compensation for the overall income loss of the deceased’s family.The division of death compensation shall be divided according to the length of the time with the deceased’s life, the ability of the parties, the closeness of life and dependence of life during their lifetime.
This case can be successfully resolved. The main reason is that the mediators are good at grasping the focus of controversy and explaining the reason.In the early days of mediation, the parents and wives of the deceased insisted on the reason that the heritage, the relics did not have the right to divide the property and the common property of the husband and wife, and each claimed the right to distribute the compensation.In the middle of the mediation, the mediation staff eliminated the confrontation between the parties and laid the emotional foundation for the successful mediation. In the later period of the mediation, the mediation staff comprehensively considered the situation of all parties.Family affection.
Reporter | Jin Yong
Source: Shanghai rule of law