Constitutional Publicity Week Super Complete! After the promulgation of the Civil Code, a comparison table of the legal rights and obligations of each age group is here! Attached are answers to 50 h

Constitutional Publicity Week Super Complete! After the promulgation of the Civil Code, a comparison table of the legal rights and obligations of each age group is here! Attached are answers to 50 hot questions!

After the implementation of the Civil Code, the legal age has changed accordingly. When we press the age timer from the day we have a fertilized egg, our story begins. In fact, the law, like age, accompanies us throughout our lives.

Fetuses under 0 years old

Fetuses cannot yet be called legal "persons", and the law only recognizes them as "fetuses". Although not a person in the legal sense, it still has legal significance.

Article 16 of the "Civil Code": "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 at birth, its capacity for civil rights shall not be affected from the beginning. It doesn’t exist.”

In addition, in order to reflect the special protection of “fetuses”, my country’s Criminal Law and Public Security Administration Punishment Law stipulate that pregnant women are not subject to the death penalty and public security detention.

0-1 years old

0-1 years old - the father cannot divorce at will

Article 1082 of the "Civil Code" stipulates: 1 Under the age of one, the father of the baby is not allowed to file for divorce from the mother, but this does not apply if the mother files for divorce or the court deems it necessary to accept the father's request for divorce.

1-6 years old

According to the laws of our country, children under one year old are infants, those over one year old and under six years old are infants, and those over six years old and under fourteen are called infants. child. For the benefit of the baby, a woman who breastfeeds her baby under one year old violates the Public Security Administration Punishment Law and is not subject to public security detention.

6-7 years old

Article 5 stipulates: “All children who are six years old, regardless of gender, nationality, or race, must enter school to receive compulsory education for a specified number of years. Conditions In areas that do not have it, enrollment can be postponed until the age of seven. "From this point of view, the age of six is ??the legal starting point for a person to begin exercising his right to receive compulsory education.

In addition, according to Article 64 of my country’s Road Traffic Safety Law: “Preschool children walking on the road must be led by someone responsible for their management and protection.” Accordingly, Children under six years old cannot walk alone on the streets or highways.

8 years old

According to our country’s laws, those under the age of 18 are minors. The Civil Code that will be implemented on January 1, 2021 stipulates that 8 years old is a minor. A very important age dividing line divides minors into two stages: those before the age of 8 are completely without capacity for civil conduct, and those after the age of 8 are those with limited capacity for civil conduct.

12 years old

According to the Road Traffic Safety Law, people over 12 years old can legally ride bicycles and tricycles on the road. In other words, it is illegal for children under the age of 12 to ride bicycles on the road. Otherwise, if an accident occurs, they will bear corresponding responsibilities. We hope that parents will take the responsibility of supervision and not let children under the age of 12 Travel by bike.

Therefore, if you are under 12 years old, don’t ride a bicycle casually!

14-16 years old

14 years old is a very important and dangerous age. Because starting from this age, people will likely bear administrative and criminal law responsibilities for their actions.

According to Article 17 of the "Criminal Law", 14-16 years old is the age of relative criminal responsibility and is guilty of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, Those who commit poisoning shall bear criminal responsibility.

14 years old is also an age limit that the law strictly protects for some people. The Criminal Law stipulates that a female child under the age of fourteen is a young girl. If she has sexual intercourse with a young girl, regardless of whether the young girl consents or not, it is a crime of rape and should be severely punished as rape. At the same time, regardless of male or female, as long as they are under the age of fourteen, they can commit the crime of rape. Becoming a target of the crime of child abduction and the crime of child trafficking. Since the criminal law only stipulates the crimes of child abduction, child abduction and women abduction, criminal liability cannot be pursued for abducting a person over the age of fourteen or abducting a male over the age of fourteen.

The "Public Security Management Punishment Law" stipulates that minors aged 14 to 16 years old who violate the Public Security Management Punishment Law will not be subject to public security detention penalties. When questioning a person who violates public security management under the age of 16, his or her parents or other guardians shall be notified to be present.

16-18 years old

This age group has almost the same legal significance as 14-16 years old.

Because starting from this age, people begin to have the right to work. The law prohibits employers from recruiting minors under the age of sixteen. Literature, art, sports and special craft units recruit minors under the age of ten. Minors under the age of six must go through the approval procedures in accordance with relevant national regulations.

In addition, according to the Road Traffic Safety Law, people over the age of 16 can drive electric vehicles, bicycles or motorized wheelchairs for disabled people on the road.

The "Public Security Management Punishment Law" stipulates that minors who are over 16 years old but under 18 years old and violate public security management for the first time will not be subject to administrative detention penalties.

18 years old

At the age of 18, you are an adult. Enjoy a wide range of civil rights: the right to vote and be elected, the right to participate in state management, the qualifications to hold public and social positions (including serving as police, lawyers, and civil servants), and to manage companies and enterprises. Male citizens who reach the age of 18 before December 31 of each year shall be conscripted into active service.

Article 17 of the Civil Code stipulates: Natural persons over the age of 18 are considered adults. Natural persons under the age of eighteen are considered minors.

20-22 years old

According to Article 1047 of the Civil Code, starting from the age of 20, women gain the right and ability to get married. In the field of marriage, men gain the right to marry two years later than women at the age of 22. Those who have not reached the legal marriage age, regardless of whether they are men or women, who live together as husband and wife, whether they have held a wedding, or obtained a marriage registration through fraud, cannot obtain the validity of a legal marriage. At the same time, the state encourages late marriage. Those who marry after 2 years beyond the legal marriage age are late marriages.

23 years old

If you have graduated from a law school or other universities and obtained corresponding academic qualifications, and passed the judicial qualification examination, you may be appointed as a judge or prosecutor . Of course, you must also meet other conditions, such as having Chinese nationality, supporting the Chinese Constitution, being in good health, etc. (see the provisions of the "Prosecutors Law" and "Judges Law").

25 years old

The "Notarization Law" stipulates that any citizen who meets certain conditions and is between 25 and 65 years old can serve as a notary.

45 years old

If you are determined to serve the country and serve the people of the country, and meet the corresponding conditions and pass the legal procedures, at this time, you are qualified to become the President and President of the People's Republic of China President and Vice President (Article 79 of the Constitution).

55-60 years old

Unless otherwise provided, female civil servants should retire at this age (stipulated in the Civil Servant Law). Male civil servants can work five years longer than women.

In addition, according to the "Law on the Protection of Rights and Interests of the Elderly", those over 60 years old are seniors and should receive special treatment and respect in the warm family of our society, because respecting them means respecting us. Oneself, everyone will grow old. Many preferential treatment measures have been formulated for the elderly in various places. For example, it is stipulated that the elderly can ride city buses and subways for free, and museums, memorial halls, libraries, and parks should be open to the elderly free of charge.

60-75 years old

If you are disabled or die in a traffic accident at this age, the disability compensation and death compensation will be reduced by one year for every additional year of age.

-----Life becomes less and less valuable after the age of 60! ! ! (This is stipulated by law)

The Supreme Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 25 Disability compensation shall be based on the degree of the victim's loss of working ability or the level of disability. According to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court where the lawsuit is filed is based, the calculation is based on twenty years from the date of disability determination. However, for those over 60 years old, the age will be reduced by one year for every additional year; for those over 75 years old, it will be calculated as five years.

If a person over the age of 75 is disabled or dies in a personal injury accident, the corresponding compensation will be calculated based on 5 years.

In addition, the "Public Security Management Punishment Law" stipulates that public security detention penalties will not be implemented for those who violate public security management who are over 70 years old.

Death

Property is inherited

After death, if there is no will, the property will be transferred according to the provisions of Article 10 of the Succession Law. , inherited in the following order:

First order: spouse, children, parents.

Second order: brothers and sisters, grandparents, maternal grandparents.

After the inheritance begins, the first-order heir will inherit, and the second-order heir will not inherit. If there is no first-order heir, the second-order heir shall inherit.

There is neither a first-in-line heir nor a second-in-line heir. After the property is declared as ownerless property, it will be returned to the state or collective ownership!

Special note: Before December 31, 2020, nephews, nephews, etc. are not legal heirs! ! !

(However! After the implementation of the Civil Code, nephews and nephews can inherit by subrogation!!!)

In addition, if you don’t want your hard-earned property to change after your death, If your son, daughter-in-law, daughter, or son-in-law's wife owns property, you must also make a will to make it clear that all property belongs only to the son or daughter personally, otherwise it will become the wife's property after inheritance! ! !

Extended reading: "Ding~50 Questions and Answers on the Civil Code from Birth to Death"

On May 28, the third session of the 13th National People's Congress voted to adopt the " The "People's Republic of China and the Civil Code", this "declaration" of civil rights, comprehensively stipulates a person's personal and property rights from birth to death, and "protects" the people's personal and property rights at all times. No matter what stage of life you are in, the Civil Code will protect you.

1. Question: If the fetus is not yet born and its father dies in a car accident, does the fetus have the right to inherit the father’s estate?

Answer: The fetus has inheritance rights. 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. Article 1155 stipulates that when the inheritance is divided, the unborn child’s inheritance share shall be retained. The fetus is dead when it is delivered, and the retained share shall be handled according to legal inheritance.

2. Question: Xiaogang is still young and his family is quarantined due to the COVID-19 epidemic. Who will take care of him?

Answer: Neighbors committee, village committee or civil affairs department. Article 34 of the Civil Code stipulates: If a guardian is temporarily unable to perform guardianship duties due to an emergency such as an emergency, and the ward is left without care, the residents' committee, village committee or civil affairs committee of the place where the ward resides shall The department shall arrange necessary temporary living care measures for the ward.

3. When Xiao Liu was 7 years old, he sold a watch given to him by his father to a second-hand store. Can his parents ask for it to be returned?

Answer: Parents can request a return. Article 20 of the Civil Code stipulates that minors under the age of eight are persons without capacity for civil conduct and shall be represented by their legal representatives in performing civil legal acts.

4. 13-year-old Xiaogang accidentally saw the payment password when his mother was shopping online. He used his mother’s mobile phone to watch the live broadcast and impulsively tipped the anchor 80,000 yuan privately. His mother later found out that he could recover it Reward?

Answer: There is a legal basis for requesting a return of rewards. Article 19 of the Civil Code stipulates that minors over the age of eight are persons with limited capacity for civil conduct. Civil legal acts shall be performed by their legal agent or with the consent or ratification of their legal agent; however, they may independently perform civil legal acts for pure gain. civil legal acts of interests or civil legal acts commensurate with their age and intelligence.

Article 145 stipulates that civil legal acts performed by persons with limited capacity for civil conduct that are purely for profit or that are commensurate with their age, intelligence, and mental health conditions are valid; other acts performed by persons with limited capacity for civil conduct are valid. Civil legal acts are valid after being approved or ratified by the legal representative.

The counterparty may urge the legal representative to ratify it within thirty days from the date of receipt of the notice. If the legal representative fails to make any representation, it shall be deemed as a refusal to ratify. Before a civil legal act is ratified, a bona fide counterparty has the right to revoke it. Cancellation shall be made by notification.

5. Xiaohua was abused by her father. After the father’s custody was revoked by the court, is he obligated to continue to pay child support?

Answer: Yes. Article 37 of the Civil Code stipulates: Parents, children, spouses, etc. who bear the ward's alimony, alimony, and alimony in accordance with the law shall continue to perform their obligations after their guardianship is revoked by the people's court.

6. If the goods purchased online are delivered by express, who bears the risk of damage to the goods during the express delivery and before signing for receipt?

Answer: Seller.

Article 512 of the Civil Code stipulates that if the subject of an electronic contract concluded through the Internet or other information networks is the delivery of goods and the goods are delivered by express logistics, the time for the consignee to sign for receipt shall be the time of delivery. Article 604 stipulates that the risk of damage or loss of the subject matter shall be borne by the seller before delivery of the subject matter and shall be borne by the buyer after delivery, unless otherwise provided by law or otherwise agreed by the parties.

7. While Xiaolan was renting a house, the landlord sold the house. Is the lease contract between Xiaolan and the original landlord still valid?

Answer: Valid. Article 725 of the Civil Code stipulates that if the ownership of the leased property changes during the period of possession of the lessee in accordance with the lease contract, the validity of the lease contract will not be affected.

8. Xiao Zhou wants to continue renting the house after the contract expires, and other tenants come to see the house. What rights does Xiao Zhou have at this time?

Answer: Under the same conditions, Xiao Zhou has the priority to rent. Article 734 of the Civil Code stipulates that upon expiration of the lease term, the lessee shall have priority in leasing under the same conditions.

9. When Xiao Wang signed the contract, he did not read the formal clauses carefully, and the other party did not explain it. Afterwards, Xiao Wang felt that he had encountered an "overlord clause". Are the relevant clauses valid?

Answer: If it involves clauses that have a major interest in Xiao Wang, he can claim that the standard clauses do not become part of the contract. If the party providing the standard terms unreasonably exempts or reduces its liability, increases the liability of the other party, or restricts the other party's main rights, the standard terms shall be invalid. If there are more than two interpretations of the standard terms, an interpretation that is unfavorable to the party providing the standard terms should be made.

Article 496 of the Civil Code stipulates that standard clauses are clauses that are drawn up in advance by the parties for repeated use and are not negotiated with the other party when entering into the contract. If a contract is concluded using standard clauses, the party providing the standard clauses shall determine the rights and obligations between the parties in accordance with the principle of fairness, and use reasonable methods to remind the other party to pay attention to clauses that have a significant interest in the other party such as exempting or reducing its liability, and shall, in accordance with the other party's requirements, explain the provision. If the party providing the standard terms fails to perform its obligation to provide reminders or explanations, causing the other party to fail to pay attention to or understand the terms that have a significant interest in it, the other party may claim that the terms do not become part of the contract.

Article 497 stipulates that the standard clause shall be invalid under any of the following circumstances:

(1) Section 3 of Chapter 6 of Part 1 of this Law and the invalid situations stipulated in Article 506 of this Law;

(2) The party providing the standard clause unreasonably exempts or reduces its liability, increases the other party's liability, and restricts the other party's main rights;

(3) One party providing the standard clause excludes the other party’s major rights.

Article 498 stipulates that if there is a dispute over the understanding of standard terms, they shall be interpreted in accordance with common understanding. If there are more than two interpretations of the standard terms, an interpretation that is unfavorable to the party providing the standard terms should be made. If the standard clauses and non-standard clauses are inconsistent, the non-standard clauses shall be adopted.

Article 506 stipulates that the following exemption clauses in the contract are invalid:

(1) causing personal injury to the other party;

(2) due to Intentionally or grossly negligent causing damage to the other party's property.

10. Xiaofang was sexually assaulted when she was 12 years old. She later learned more about law and wanted to sue for compensation when she was 20 years old. Has the statute of limitations expired?

Answer: The statute of limitations for sexual assault against minors begins when the victim reaches the age of 18. Article 188 of the Civil Code stipulates that the statute of limitations for petitioning the People's Court for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail. Article 191 of the Civil Code stipulates that the statute of limitations for the right to claim compensation for sexual assault by a minor shall be calculated from the date the victim reaches the age of 18.

11. A pet dog lost its owner and was taken in by Xiao Zhang and took good care of it. The owner came to pick it up a few days later. Can Xiao Ming ask for the breeding fee from the owner?

Answer: Yes. Article 979 of the Civil Code stipulates that if the administrator has no statutory or agreed obligations and manages the affairs of others in order to avoid losses to the interests of others, he or she may request the beneficiary to repay the necessary expenses incurred in managing the affairs; the administrator If you suffer losses due to management affairs, you may request the beneficiary to provide appropriate compensation.

If the management of affairs does not conform to the true intention of the beneficiary, the administrator shall not enjoy the rights stipulated in the preceding paragraph; however, this shall not be the case where the true intention of the beneficiary violates the law or violates public order and good customs.

12. My ex-boyfriend makes harassing phone calls for a long time, which makes Xiaofang upset and unable to live a normal and peaceful life. Is this considered an invasion of privacy?

Answer: Peace of private life belongs to privacy. Article 1032 of the Civil Code stipulates that natural persons enjoy the right to privacy. No organization or individual may infringe on the privacy rights of others through spying, intrusion, leakage, disclosure, etc.

Privacy is a natural person’s private life and peace, and the private space, private activities, and private information that he does not want others to know.

Article 1033 stipulates that, unless otherwise provided by law or with the express consent of the rights holder, no organization or individual may carry out the following acts:

(1) By telephone , text messages, instant messaging tools, emails, flyers, etc. to intrude on the private life and peace of others;

(2) Enter, photograph, and peek into other people's homes, hotel rooms, and other private spaces;

< p>(3) Photographing, peeping, eavesdropping, and disclosing the private activities of others;

(4) Photographing, peeping at the private parts of others’ bodies;

(5) Dealing with other people’s private activities Information;

(6) Infringing on the privacy rights of others in other ways.

13. Xiao Zhang was eating in a restaurant, and the waiter mistakenly served him a dish ordered by someone else. Xiao Zhang even finished eating the dish despite knowing that he was served the wrong dish. When the waiter found out, could he ask Xiao Zhang to pay?

Answer: Yes, Xiao Zhang’s behavior is unjust enrichment. Article 987 of the Civil Code stipulates that if the beneficiary knows or should know that the benefit obtained has no legal basis, the person who has suffered a loss may request the beneficiary to return the benefit obtained and compensate for the loss in accordance with the law.

14. What are the provisions of the Civil Code regarding the behavior of some passengers who do not cooperate with security inspections, "buy a short ticket and take a longer ride", and "hogging seats"?

Answer: Article 815 of the Civil Code stipulates that passengers should travel according to the time, flight number and seat number recorded on the valid ticket. If a passenger travels without a ticket, travels beyond the distance, travels in a skipped class, or travels with a discounted ticket that does not meet the conditions for price reduction, he must pay the fare, and the carrier may charge an additional fare in accordance with regulations; if the passenger fails to pay the fare, the carrier may Refusal to transport.

Article 819 stipulates that the carrier shall strictly fulfill its obligations for safe transportation and promptly inform passengers of matters that should be paid attention to for safe transportation. Passengers should actively assist and cooperate with the reasonable arrangements made by the carrier for safe transportation.

15. Xiao Liu participated in a football match organized by his unit and had a collision with an opponent's player within the rules, resulting in a broken ankle. Can he request compensation from the opponent?

Answer: The Civil Code establishes the rule of "self-acceptance of risk". If the other party does not do so intentionally and without gross negligence, the other party may not claim for compensation.

Article 1176 of the "Civil Code" stipulates that if you voluntarily participate in cultural and sports activities that involve certain risks and are harmed due to the behavior of other participants, the victim may not request the other participants to bear the tort Responsibility; however, this does not apply if other participants have intentional or gross negligence in causing the damage.

16. Xiao Li discovered that someone posted false information about having AIDS on an online platform. Can he ask the platform to delete the post?

Answer: You can collect preliminary evidence of infringement and notify the online platform to delete the post.

Article 1195 of the Civil Code stipulates that if an Internet user uses Internet services to commit infringement, the rights holder has the right to notify the Internet service provider to delete, block, disconnect, etc. necessary measures. The notification should include preliminary evidence of infringement and the true identity of the right holder.

After receiving the notice, the network service provider shall promptly forward the notice to the relevant network users and take necessary measures based on the preliminary evidence that constitutes infringement and the type of service; if necessary measures are not taken in a timely manner, the damage shall be The expanded part shall bear joint and several liability with the network users.

If the right holder causes damage to network users or network service providers due to wrong notification, he shall bear infringement liability. If the law provides otherwise, such provisions shall prevail.

17. Xiao Chen was walking normally on the sidewalk and was hit by a bicycle coming from behind. The other person tried to escape and there were no cameras around. Can Xiao Chen detain the other person’s bicycle?

Answer: The "Civil Code" stipulates the "self-help behavior" system. Xiao Ming can take reasonable measures such as detaining the property of the infringer to the extent necessary, but he should immediately request the relevant state agencies to handle it.

Article 1177 of the "Civil Code" stipulates that if the legitimate rights and interests are infringed, the situation is urgent and the protection of state agencies cannot be obtained in a timely manner, and failure to take immediate measures will cause irreparable damage to the legitimate rights and interests. In the event of damage, the victim may take reasonable measures such as detaining the property of the infringer within the scope necessary to protect his legitimate rights and interests; however, he should immediately request the relevant state agencies to handle it.

18. When Xiao Liu was walking in the community, he was injured by a window that fell from a residential building. Is the property management responsible?

Answer: If the property fails to take necessary safety measures, it should bear responsibility. Article 1,254 of the Civil Code stipulates that throwing objects from buildings is prohibited. If objects are thrown from a building or objects fall from a building and cause damage to others, the infringer shall bear the liability for the infringement in accordance with the law; if it is difficult to determine the specific infringer after investigation, unless he can prove that he is not the infringer, the infringer shall be responsible for the infringement. Building users are compensated. After the building users who may have caused harm have compensated, they have the right to recover compensation from the infringer. Property service companies and other building managers shall take necessary safety guarantee measures to prevent the occurrence of the situations specified in the preceding paragraph; if they fail to take necessary safety guarantee measures, they shall bear tort liability for failure to perform safety guarantee obligations in accordance with the law. If the situation stipulated in paragraph 1 of this article occurs, the public security and other organs shall promptly investigate and identify the person responsible in accordance with the law.

19. How to define the scope of relatives, close relatives and family members?

Answer: Article 1045 of the Civil Code stipulates that relatives include spouses, blood relatives and relatives by marriage. Spouses, parents, children, brothers and sisters, grandparents, grandchildren, and grandchildren are close relatives. Spouses, parents, children and other close relatives living together are family members.

20. Xiao Zhang abandoned his pet dog and the dog bit someone while wandering. Will Xiao Zhang bear responsibility?

Answer: Xiao Zhang should bear the responsibility. Article 1,249 of the Civil Code stipulates that if an abandoned or escaped animal causes damage to others during the period of abandonment or escape, the original owner or manager of the animal shall bear tort liability.

21. Xiaoma met a child who fell into the water and jumped into the water to save him. In the process of rescuing the child, he suffered partial contusions. Does Xiaoma have to compensate for this?

Answer: No. Article 184 of the Civil Code stipulates: If the recipient is harmed due to the voluntary emergency rescue act, the rescuer shall not bear civil liability.

22. Xiao Zhang encountered a man who was violently assaulting a woman. In the process of stopping the violent man, he caused injuries to the woman. Does he need compensation?

Answer: Injuries caused within reasonable limits do not require compensation. Article 181 of the Civil Code stipulates that anyone who causes damage due to legitimate defense shall not bear civil liability. If legitimate defense exceeds the necessary limit and causes undue damage, the person who acted in legitimate defense shall bear appropriate civil liability.

23. If Xiao Zhang’s designer glasses were broken by the violent man while he was trying to stop him, how can he make a claim?

Answer: You can claim compensation directly from the violent man. If the violent man escapes or is unable to compensate, the rescued woman should make appropriate compensation. Article 183 of the Civil Code stipulates that if one is harmed by protecting the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may provide appropriate compensation. If there is no infringer, the infringer has escaped or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation.

24. A 37-year-old single man has a criminal record of sexually assaulting young girls. Can he adopt a daughter?

Answer: No. In order to further strengthen the protection of the interests of adoptees, the Civil Code adds a stipulation that "no criminal record is detrimental to the healthy growth of the adoptee" among the conditions for adopters, and also stipulates that the civil affairs department shall conduct an adoption assessment in accordance with the law. In addition, Article 1102 of the Civil Code stipulates that if a person without a spouse adopts a child of the opposite sex, the age difference between the adopter and the adoptee shall be more than forty years.

25. Xiao Zhao’s girlfriend has a serious illness, but she has been hiding it from Xiao Zhao. After marriage, Xiao Zhao finds out, can he apply for divorce?

Answer: You can apply to the court to annul the marriage. Article 1053 of the Civil Code stipulates that if one party suffers from a serious illness, he or she must truthfully inform the other party before registering the marriage; if the other party fails to truthfully inform the other party, the other party may request the people's court to annul the marriage. A request for annulment of a marriage must be made within one year from the date when the person knows or should know the reasons for the annulment.

26. What are the rules for choosing a surname for a child’s name?

Answer: Article 1015 of the "Civil Code" stipulates that a natural person should take the father's or mother's surname. However, if one of the following circumstances occurs, he or she can choose from the father's or mother's surname. Surname: (1) Choose the surname of other direct elder blood relatives; (2) Choose the surname of the caregiver because he is raised by someone other than the legal caregiver; (3) There are other legitimate reasons that do not violate public order and good customs. The surnames of natural persons from ethnic minorities can follow the cultural traditions and customs of their own ethnic groups.

27. If a couple already has children, can they adopt another child?

Answer: If the conditions are met, an adopter with only one child can only adopt one child. If an orphan is adopted, there is no restriction on whether he or she has children. Article 1098 of the Civil Code stipulates that an adopter shall meet the following conditions at the same time: (1) Have no children or only have one child; (2) Have the ability to raise, educate and protect the adoptee; (3) ) Not suffering from any disease that medically deems it inappropriate to adopt a child; (4) No criminal record that is detrimental to the healthy growth of the adoptee; (5) Over thirty years old. Article 1100 stipulates that an adopter without children can adopt two children; an adopter with one child can only adopt one child. Adoption of orphans, disabled minors, or minors raised by child welfare institutions whose biological parents cannot be found is not subject to the restrictions set forth in the preceding paragraph and Paragraph 1 of Article 1098 of this Law.

28. Who owns the income from the parking spaces occupying public roads in the community that are open to the public for a fee and the advertisements posted in the elevators of public roads in the community?

Answer: After deducting reasonable costs, it belongs to the owner. The owner has partial operating and income information, and the property should be disclosed to the owner in a reasonable manner. Article 274 of the Civil Code stipulates that roads within building zones belong to the owners, except for urban public roads. The green space within the building area belongs to the owner, except for the urban public green space or the green space that is expressly owned by an individual. Other public places, public facilities and property service buildings within the building zone belong to the owner.

Article 275 stipulates that within the building area, the ownership of parking spaces and garages planned for parking cars shall be agreed by the parties through sale, donation or lease. Parking spaces that occupy roads or other sites owned by the owner for parking cars belong to the owner's exclusive property.

Article 282 stipulates that the income generated by the construction unit, property service company or other manager using part of the owner's ***, after deducting reasonable costs, belongs to the owner's *** have.

Article 943 stipulates that property service providers shall regularly report service matters, responsible persons, and quality requirements