I have a legal problem. Can you answer that?

Do children have the right to inherit their father's inheritance?

A: The fetus has the right of inheritance.

Article 16 of the Civil Law stipulates that a fetus is deemed to have the capacity for civil rights if it involves the protection of the interests of the fetus such as inheritance and acceptance of gifts. However, if the fetus has died during childbirth, its capacity for civil rights does not exist from the beginning. Article 155 stipulates that when the inheritance is divided, the share of the fetus should be retained. If the fetus dies during childbirth, the reserved share shall be handled in accordance with legal inheritance.

2. Q: Xiao Gang is still young, and his family was isolated because of the COVID-19 epidemic. Who will take care of him?

A: Residents' committees, villagers' committees or civil affairs departments.

Article 34 of the Civil Law stipulates that if the guardian is temporarily unable to perform his guardianship duties due to emergencies and other emergencies, and the ward's life is neglected, the residents' committee, villagers' committee or civil affairs department at the ward's domicile shall arrange necessary temporary living care measures for the ward.

When Xiao Liu was 7 years old, he sold a watch his father gave him to a second-hand shop. Can his parents get it back?

A: Parents can ask for a refund.

Article 20 of the Civil Law stipulates that minors under the age of eight are persons without capacity for civil conduct, and their legal representatives act as agents to carry out civil legal acts.

4. 13-year-old Xiaogang occasionally sees the payment password when his mother buys online. He used his mother's mobile phone to watch the live broadcast, and gave the anchor a reward of 80 thousand yuan on impulse. Can he get the reward back after his mother finds out?

A: There is a legal basis for asking for remuneration.

Article 19 of the Civil Law stipulates that minors over the age of eight are persons with limited capacity for civil conduct and are represented by their legal representatives or recognized and ratified by their legal representatives; However, civil legal acts that are purely beneficial or suitable for their age and intelligence can be implemented independently.

Article 145 stipulates that a civil juristic act that restricts a person's capacity for civil conduct to obtain pure benefits or a civil juristic act that is appropriate to his age, intelligence and mental health is valid; Other civil juristic acts shall take effect with the consent or ratification of the legal representative.

The other party may urge the legal representative to ratify it within 30 days from the date of receiving the notice. If the legal representative fails to express it, it shall be deemed as refusal to ratify it. Before a civil juristic act is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice.

5. Xiaohua was abused by her father. Does she have the obligation to continue to pay alimony after her father was revoked by the court?

A: Yes.

Article 37 of the Civil Code stipulates that parents, children, spouses, etc. A person who has the obligation to support, support and support his ward shall continue to perform his obligations after being disqualified as a guardian by the people's court.

6. Online shopping goods are delivered by express delivery. Who will bear the risk of damage to the goods during the express delivery and before signing?

A: The seller.

Article 5 12 of the General Principles of Civil Law stipulates that if the subject matter of an electronic contract concluded through information networks such as the Internet is the delivery of goods and delivered by express logistics, the time for the consignee to sign for it is the delivery time. Article 604 stipulates that the risk of damage or loss of the subject matter shall be borne by the seller before delivery and by the buyer after delivery, unless otherwise provided by law or agreed by the parties.

7. During Xiaolan's renting, the landlord sold the house. Is the lease contract between Xiaolan and the original landlord still valid?

A: Effective.

Article 725 of the Civil Code stipulates that according to the lease contract, if the ownership of the leased property changes during the lessee's possession, the validity of the lease contract will not be affected.

8. After the contract expires, Zhou Xiao wants to rent out the house, and other tenants will look at it. What right does Zhou Xiao have at this time?

Under the same conditions, Zhou Xiao has the priority to lease.

Article 734 of the Civil Code stipulates that upon the expiration of the lease term, the lessee shall have the priority to lease under the same conditions.

9. Xiao Wang didn't read the format clause carefully when signing the contract, and the other party didn't explain it. Afterwards, Xiao Wang felt that he had encountered the "overlord clause". Are the relevant provisions valid?

A: If it involves clauses that have a great interest in Xiao Wang, you can claim that the standard clauses do not become the contents of the contract. If the party providing the standard terms unreasonably exempts or lightens its responsibilities, aggravates the other party's responsibilities or restricts the other party's main rights, the standard terms are invalid. If there are more than two interpretations of the standard terms, an interpretation that is unfavorable to the party providing the standard terms shall be made.

According to Article 496 of the Civil Law, standard clauses are clauses drawn up by the parties in advance for repeated use, and they were not consulted with each other when concluding the contract. Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures such as exempting or lightening their responsibilities to remind the other party of the terms that have a significant interest in them, and explain the terms according to the requirements of the other party. If the party providing the standard terms fails to perform the obligation of prompting or explaining, so that the other party fails to pay attention to or understand the terms with which it has a significant interest, the other party may claim that the terms will not become the content of the contract.

Article 497th stipulates that a standard clause is invalid under any of the following circumstances:

(1) The provisions of Section 3 of Chapter VI in Part I of this Law and Article 506 are invalid;

(2) The party providing the standard terms unreasonably exempts or lightens its responsibilities, aggravates the responsibilities of the other party or restricts the main rights of the other party;

(3) The party providing the standard terms excludes the other party's main rights.

Article 498 stipulates that if there is any dispute over the understanding of standard terms, it shall be interpreted according to the usual understanding. If there are more than two interpretations of the standard terms, an interpretation that is unfavorable to the party providing the standard terms shall be made. If the standard terms are inconsistent with the non-standard terms, the non-standard terms 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) Causing property losses to the other party due to intentional or gross negligence.

/kloc-0 0. Xiao Fang was sexually assaulted 12 years old. She later learned more legal knowledge and wanted to sue for compensation at the age of 20. Has the statute of limitations expired?

A: The statute of limitations for sexual assault on minors starts from the victim 18 years old.

Article 188 of the Civil Code stipulates that the limitation of action for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail.

Article 19 1 of the Civil Code stipulates that the limitation of action for minors to claim compensation for sexual assault shall be counted from the date when the victim reaches the age of 18.

1 1. A pet dog got lost with its owner and was taken care of by Xiao Zhang. A few days later, the dog owner came to get it. Can Xiao Ming ask the dog owner for the feeding fee?

A: Yes.

Article 979 of the Civil Code stipulates that the administrator has no legal or agreed obligation to manage other people's affairs in order to avoid the loss of others' interests, and may request the beneficiary to repay the necessary expenses incurred by the management firm; If the manager suffers losses due to management affairs, he may request the beneficiary to give appropriate compensation. If the management affairs do not conform to the true meaning of the beneficiary, the administrator shall not enjoy the rights stipulated in the preceding paragraph; However, unless the true intention of the beneficiary indicates that it violates the law or public order and good customs.

12. The ex-boyfriend made harassing phone calls for a long time, which made Xiao Fang upset and unable to live a normal and peaceful life. Is it an invasion of privacy?

A: The peace of private life belongs to privacy.

Article 1032 of the Civil Code stipulates that natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public.

Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others.

Article 1033 stipulates that, unless otherwise stipulated by law or expressly agreed by the obligee, no organization or individual may commit the following acts:

(a) by telephone, SMS, instant messaging tools, e-mail, leaflets, etc. Disturb the private life of others;

(2) Entering, taking photos or peeping into other people's private spaces such as houses and hotel rooms;

(3) Shooting, peeping, eavesdropping or revealing other people's private activities;

(4) Shooting or peeping at the private parts of others' bodies;

(5) handling other people's private information;

(6) Infringe upon the privacy of others in other ways.

13. When Xiao Zhang was eating in the restaurant, the waiter gave him the food ordered by others by mistake. Xiao Zhang knew that he had brought the wrong dish. After the waiter finds out, can he ask Xiao Zhang to pay the bill?

A: Yes, Xiao Zhang's behavior belongs to unjust enrichment.

Article 987 of the Civil Code stipulates that if the beneficiary knows or should know that the obtained benefits have no legal basis, the person who suffers losses may request the beneficiary to return the obtained benefits and compensate the losses according to law.

14. what are the provisions of the civil law for some passengers who do not cooperate with security inspection, "buy short and get long" and "dominate seats"?

A: Article 8 15 of the General Principles of Civil Law stipulates that passengers should take the bus according to the time, flight number and seat number recorded in the valid ticket. Passengers who travel without a ticket, over-ride, leapfrog or take a preferential ticket that does not meet the price reduction conditions shall pay the fare, and the carrier may charge additional fare in accordance with the regulations; If the passenger does not pay the fare, the carrier may refuse to transport.

Article 8 19 stipulates that the carrier shall strictly fulfill the obligation of safe transportation and inform passengers of the matters that should be paid attention to in safe transportation in time. Passengers should actively assist and cooperate with the reasonable arrangements made by the carrier for safe transportation.

15. Xiao Liu participated in the football match organized by the company and collided with the opposing player within the rules, resulting in an ankle fracture. Can he ask the other party for compensation?

A: The Civil Code has established the rule of "at your own risk". If the other party is not intentional and has no gross negligence, it may not require compensation.

Article 176 of the Civil Code stipulates that if the victim voluntarily participates in some risky cultural and sports activities and is damaged by the actions of other participants, he shall not ask other participants to bear tort liability; However, unless other participants have intentional or gross negligence in the occurrence of damage.

16. Xiao Li found that someone posted false information about his AIDS on a certain network platform. Can he ask the platform to delete posts?

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

Article 1 195 of the Civil Law stipulates that if a network user uses a network service to commit infringement, the obligee has the right to notify the network service provider to take necessary measures such as deleting, blocking and disconnecting the link. The notice shall include the preliminary evidence of infringement and the true identity information of the obligee.

After receiving the notice, the network service provider shall promptly forward the notice to the relevant network users and take necessary measures according to the preliminary evidence of infringement and the type of service; If necessary measures are not taken in time, the expanded damage shall be jointly and severally liable with the network users.

If the obligee causes damage to the network user or network service provider due to the wrong notice, it shall bear the tort liability. Where there are other provisions in the law, those provisions shall prevail.

17. Xiao Chen was walking normally on the sidewalk and was injured by a bicycle coming from behind. The other party tried to escape, and there were no cameras around. Can Xiao Chen detain each other's bicycles?

A: The Civil Code stipulates the "self-help behavior" system. Xiao Ming can take reasonable measures such as seizing the property of the infringer within the necessary scope, but he should immediately request the relevant state organs to deal with it.

Article 177 of the Civil Law stipulates that if the legitimate rights and interests are infringed, the situation is urgent, and the protection of state organs cannot be obtained in time, and the legitimate rights and interests will be irretrievably damaged if measures are not taken immediately, the victim may take reasonable measures such as seizing the infringer's property within the necessary scope to protect his legitimate rights and interests; However, it should immediately request the relevant state organs to handle it.

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

Answer: If the property fails to take necessary safety measures, it shall bear the responsibility.

Article 1254 of the Civil Code stipulates that it is forbidden to throw objects from buildings. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law; If it is difficult to determine the specific infringer after investigation, in addition to being able to prove that he is not an infringer, the user of the building who may cause harm shall be compensated. After compensation, the user of the building who may cause damage has the right to recover from the infringer. Property service enterprises and other building managers shall take necessary safety measures to prevent the occurrence of the situations mentioned in the preceding paragraph; Those who fail to take necessary security measures shall bear the tort liability for failing to fulfill their security obligations according to law. In case of the circumstances specified in the first paragraph of this article, the public security organ and other organs shall promptly investigate and find out the responsible person according to law.

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

A: Article 1045 of the Civil Code stipulates that relatives include spouses, blood relatives and in-laws. Spouse, parents, children, brothers and sisters, grandparents, grandparents, grandchildren and grandchildren are close relatives. Close relatives such as spouses, parents and children living together are family members.

20. Xiao Zhang abandoned his pet dog, which bit others while wandering. Does Xiao Zhang take responsibility?

Xiao Zhang should bear the responsibility.

Article 1249 of the Civil Code stipulates that if an abandoned or escaped animal causes damage to others in the process of abandonment or escape, the original owner or manager of the animal shall bear the tort liability.

2 1. Little Lu Yu, a child fell into the water and bravely jumped into the water to save people, causing local contusion in the process of saving children. Should pony pay for it?

A: No.

Article 184 of the Civil Law stipulates that the salvor shall not bear civil liability if the salvor suffers damage due to voluntary emergency assistance.

22. Does Xiao Zhang need compensation when he meets a man who is violently attacking a woman and prevents the violent man from hurting the other party?

A: No compensation is required for the damage caused within a reasonable range.

Article 181 of the Civil Code stipulates that those who cause damage due to justifiable defense shall not bear civil liability. If justifiable defense exceeds the necessary limit and causes undue damage, the justifiable defender shall bear corresponding civil liability.

23. If Xiao Zhang stopped the violent man and his famous brand glasses were broken by the other party, how should he claim compensation?

A: You can directly claim compensation from the violent man. If the violent man escapes or is unable to pay compensation, the rescued woman shall make appropriate compensation.

Article 183 of the Civil Code stipulates that the infringer shall bear civil liability for damage caused by protecting the civil rights and interests of others, and the beneficiary may give appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

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

A: No, in order to further strengthen the protection of the adoptee's interests, the Civil Code has added the stipulation that "there is a criminal record that is not conducive to the healthy growth of the adoptee" to the conditions of the adopter, and added the stipulation that the civil affairs department should conduct adoption evaluation according to law. In addition, Article 102 of the Civil Code stipulates that if a spouse adopts a child of the opposite sex, the age difference between the adopter and the adoptee should be over 40 years old.

25. Xiao Zhao's girlfriend was seriously ill, but she kept it from Xiao Zhao. After marriage, Xiao Zhao found that she could ask for a divorce.

A: You can ask the court to cancel the marriage.

Article 1053 of the Civil Code stipulates that if one party suffers from serious illness, it shall truthfully inform the other party before marriage registration; If it fails to tell the truth, the other party may request the people's court to cancel the marriage. A request for the annulment of a marriage shall be made within one year from the date when he knows or should know the reasons for the annulment.

26. What are the rules for children to choose their surnames?

Answer: Article 10 15 of the Civil Code stipulates that a natural person should take his father's surname or his mother's surname, but in any of the following circumstances, he may choose a surname other than his father's surname or his mother's surname: (1) Choose the surnames of other immediate elders and blood relatives; (2) Choosing the surname of the supporter because of the support of a person other than the legal supporter; (three) there are other legitimate reasons that do not violate public order and good customs. The surnames of natural persons of ethnic minorities can follow their own cultural traditions and customs.

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

A: Eligible adopters with only one child can only adopt one child. The adoption of orphans is not restricted by the presence or absence of children.

Article 1098 of the Civil Code stipulates that the adopter shall meet the following conditions:

(a) no children or only one child;

(2) Having the ability to support, educate and protect the adoptee;

(3) Not suffering from diseases that are medically considered unsuitable for adopting children;

(4) All criminal records that are not conducive to the healthy growth of the adoptee;

(five) at least thirty years of age.

Article 1 100 stipulates that a childless adopter can adopt two children; An adopter with one child can only adopt one child. The adoption of orphans, disabled minors who cannot find their biological parents or minors raised by child welfare institutions may not be subject to the restrictions stipulated in the preceding paragraph and the first paragraph of Article 1098 of this Law.

28. Who is the income from parking spaces occupying public roads and posting advertisements for public elevators in the community?

Answer: After deducting the reasonable cost, it belongs to the owner. Part of the operation, income and property of the owner shall be disclosed to the owner in a reasonable way.

Article 274 of the Civil Law stipulates that the roads within the building area belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Article 275 stipulates that the ownership of parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties concerned through buying, selling, giving or leasing. Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

Article 282 stipulates that the income earned by the construction unit, the realty service enterprise or other managers from the owner shall be owned by the owner after deducting reasonable expenses.

Article 943rd stipulates that the property service provider shall regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, part of the owners' operation and income in a reasonable way, and report to the owners' meeting and owners' committee.

What should I do after the expiration of the right to use residential construction land in 29.70 years?

A: Automatic renewal.

Article 359 of the Civil Code stipulates that the right to use residential construction land will be automatically renewed upon expiration. The payment or reduction of the renewal fee shall be handled in accordance with the provisions of laws and administrative regulations.

30. Can the contracted management right of land be transferred?

A: Yes. The Civil Code has improved the relevant provisions of the right to contracted management of land, increased the provisions of the right to operate land, and deleted the provision that the right to use cultivated land cannot be mortgaged, so as to meet the needs of the land management right entering the market after the separation of the three powers.

Article 334 of the Civil Code stipulates that the land contractual management right holder has the right to exchange and transfer the land contractual management right according to law. Without legal approval, the contracted land shall not be used for non-agricultural construction. Article 335 stipulates that if the contractual management right of land is exchanged or transferred, the parties may apply to the registration authority for registration; Without registration, you may not be able to fight well-intentioned third parties.

3 1. Xiaoli works in a company, and her boss often sends her pornographic pictures when chatting online, which makes her feel troubled and disgusted. Is this behavior of her superior sexual harassment? What is the responsibility of the company?

A: It is sexual harassment, and the company should bear corresponding responsibilities.

Article 10 10 of the Civil Code stipulates that if the perpetrator sexually harassed others against their will, the victim has the right to demand that the perpetrator bear civil liability according to law. Organs, enterprises, schools and other units shall take reasonable measures to prevent, accept complaints, investigate and deal with them, and prevent and stop sexual harassment by taking advantage of their authority and affiliation.

32. Are facial features, fingerprints and flight schedules personal information?

A: Biometric information and whereabouts information are personal information.

Article 1034 of the Civil Code stipulates that the personal information of natural persons is protected by law. Personal information is all kinds of information recorded electronically or in other ways that can identify a specific natural person alone or in combination with other information, including natural person's name, date of birth, ID number, biometric information, address, telephone number, e-mail address, whereabouts information, etc. The privacy information in personal information shall be subject to the provisions on privacy; If there are no provisions, the provisions on the protection of personal information shall apply.

33. Is the well-known "screen name" protected?

A: For those who are protected, you can refer to the relevant provisions applicable to the right to name and the protection of the right to name.

Article 10 17 of the Civil Code stipulates that people who use pen names, stage names, screen names, translated names, shop names, initials, etc. that are well-known in society shall refer to the relevant provisions on the application and protection of the right to name. Article 1012th stipulates that natural persons have the right to name, and have the right to decide, use, change or allow others to use their own names according to law, but they shall not violate public order and good customs.

Article 10 13 stipulates that legal persons and unincorporated organizations have the right to name, and have the right to decide, use, change, transfer or license others to use their own names according to law. Article 10 14 stipulates that no organization or individual may infringe upon the name right of others by means of interference, embezzlement or counterfeiting.

34. Is it infringement to forge someone else's face with AI face-changing technology?

A: Infringement of portrait rights.

Article 10 19 of the Civil Code stipulates that no organization or individual may use information technology to deface, deface or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law. Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.

35. Will Li Can Qijia's voice, such as "Oh, my God, buy it, buy it", be used casually?

A: No.

Paragraph 2 of Article 1023 of the Civil Code stipulates that the protection of natural person's voice shall refer to the relevant provisions applicable to the protection of portrait rights.

36. What rules does the Civil Code establish for human genome and embryo research?

A: Article 109 of the Civil Law stipulates that people who engage in medical and scientific research activities related to human genes and human embryos. They shall abide by laws, administrative regulations and relevant provisions of the state, and shall not endanger human health, violate ethics and morality, or harm social and public interests.

37. A couple quarreled over trivial matters, and both of them filed for divorce, so they went to the Civil Affairs Bureau together. How to avoid impulsive divorce?

A: In order to prevent couples from impulsively and rashly divorcing, the Civil Code stipulates that divorce has a cooling-off period of 30 days. Article 1077 of the Civil Code stipulates that within 30 days from the date when the marriage registration office receives the application for divorce registration, any party who is unwilling to divorce may withdraw the application for divorce registration from the marriage registration office. Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.

38. Under what circumstances does "husband's debt" need not be "wife's debt"?

Answer: Article 1064 of the Civil Code stipulates that during the marriage relationship, the debts incurred by one spouse in his own name that exceed the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.

39. After the court decides that divorce is not allowed, if one party still cannot restore the feelings of the other party and the two parties are separated, will the court allow it if one party files a divorce lawsuit again?

A: If the two parties are separated for another year, the court should grant a divorce.

Article 1079th of the Civil Code stipulates that if one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.

40. At the time of divorce, does the spouse who has paid more for the family have the right to claim compensation?

A: Yes. In the civil code, couples who adopt the legal property system are included in the scope of financial compensation for divorce to strengthen the protection of the rights and interests of the party with more obligations in the family.

Article 1088 of the Civil Code stipulates that if one spouse has more obligations such as raising children, caring for the elderly, and assisting the other spouse to work, he has the right to request compensation from the other spouse at the time of divorce, and the other spouse shall make compensation. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

4 1. The husband and wife divorced, and the child passed the lactation period but was under two years old. Which parent raised it directly in principle?

A: Children under two years old are directly raised by their mothers.

Article 1084th of the Civil Code stipulates that the relationship between parents and children shall not be destroyed by the divorce of parents. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him. After divorce, parents still have the right and obligation to raise, educate and protect their children. After divorce, children under two years old are directly raised by their mothers. For a child who has reached the age of two, if both parents fail to reach an agreement on the issue of support, the people's court shall make a judgment based on the specific circumstances of both parties and the principle of being most beneficial to the minor children. Children over the age of eight should respect their true wishes.

42. Lao Zhang and his wife have no children under their knees and their relatives are not around. After retirement, they began to worry that no one would take care of them when they were old. What can they do?

A: You can sign a legacy support agreement. The Civil Code has improved the system of bequest and maintenance agreement, appropriately expanded the scope of dependents, and made it clear that organizations or individuals other than heirs can become dependents.

Article 158 of the Civil Code stipulates that a natural person may sign a legacy support agreement with an organization or individual other than the heir. According to the agreement, the organization or individual has the obligation to support the natural person and the right to be bequeathed.

43. Gao Made made a will, and the house was inherited by his son, but he hoped that the nanny who had taken care of him for many years and had no children and no real estate would continue to live. What can he do?

A: You can set the right of residence for the nanny through the will and register it. The Civil Code has added a new type of usufructuary right "right of residence", which makes it clear that the right of residence is established free of charge in principle, and the owner of the right of residence has the right to occupy and use other people's houses according to the contract or will to meet their stable living and living needs.

Article 366 of the Civil Code stipulates that the obligee has the right to occupy and use the usufructuary right of other people's houses in accordance with the agreement to meet the needs of living and living.

Article 367 stipulates that in order to establish the right of abode, the parties shall conclude a right of abode contract in writing.

Article 368 stipulates that the right of residence shall be established free of charge unless otherwise agreed by both parties. Where the right of residence is established, it shall apply to the registration authority for registration of the right of residence. The right of residence is established when registering.

Article 369 stipulates that the right of residence shall not be transferred or inherited. Houses with the right of residence shall not be rented, unless otherwise agreed by the parties.

Article 370 stipulates that the right of abode shall be extinguished upon the expiration of the right of abode or the death of the right holder. If the right of residence is eliminated, the cancellation of registration shall be handled in time.

Article 37 1 stipulates that if the right of abode is established by will, the relevant provisions of this chapter shall apply mutatis mutandis.

44. After Lao Wang died, someone insulted him on the Internet. Can family members defend their rights?

A: Yes.

Article 994 of the Civil Code stipulates that if the name, portrait, reputation, honor, privacy and remains of the deceased are infringed, their spouses, children and parents have the right to request the perpetrator to bear civil liability according to law; If the deceased has no spouse or children and his parents have died, other close relatives have the right to request the actor to bear civil liability according to law.

45. Lao Wang died unexpectedly. He said before his death that he wanted to donate organs and remains after his death, but he did not leave written materials and wills. Can his family decide to donate?

A: Article 106 of the Civil Law stipulates that a person with full capacity for civil conduct has the right to decide to donate his human cells, tissues, organs and remains for free according to law. No organization or individual may force, cheat or induce its donation. If a person with full capacity for civil conduct agrees to donate in accordance with the provisions of the preceding paragraph, it shall be in writing or may make a will. If the natural person did not express disapproval of the donation before his life, his spouse, adult children and parents may decide to donate in writing after the death of the natural person.

46. During his lifetime, Mr. Li made several wills with different contents. Which will prevail?

A: The last will shall prevail.

Article 1 142 of the Civil Code stipulates that the testator may withdraw or change his will. After making a will, if the testator carries out a civil legal act that is contrary to the contents of the will, it shall be regarded as withdrawing the relevant contents of the will. There are several wills. In case of conflict, the last will shall prevail.

47. Lao Wang wants to make a will by audio and video recording. what should he do ？

A: Article 137 of the Civil Code stipulates that a will made in the form of audio and video recording shall be witnessed by more than two witnesses. The testator and the witness shall record their names or portraits, as well as the year, month and day by audio and video recording.

48. Xiao Wang lost his inheritance right because he abused his parents, but later repented and was forgiven by his heirs. Can he inherit the property of his parents?

A: Yes. The Civil Code has added the system of forgiveness to the heirs. Article 125th of the Civil Code stipulates that an heir shall lose his right of inheritance if he commits one of the following acts:

(1) Intentionally killing the decedent;

(2) Killing other heirs in order to compete for the right of inheritance;

(3) Abandoning the decedent or maltreating the decedent if the circumstances are serious;

(4) Forging, tampering, concealing or destroying a will, if the circumstances are serious;

(5) forcing or obstructing the decedent to establish, change or withdraw his will by means of fraud or coercion, and the circumstances are serious.

If the heir has committed the acts mentioned in Items 3 to 5 of the preceding paragraph, and indeed shows repentance, and the decedent later expresses forgiveness or is listed as an heir in his will, the heir shall not lose his inheritance right.

49. After the death of the self-employed Lao Wang, he left a legacy, which was not inherited or bequeathed. Who will these heritages belong to?

A: Article 160 of the Civil Code stipulates that an inheritance that has neither inheritance nor bequest belongs to the state and is used for public welfare undertakings. If the deceased was a member of a collective ownership organization before his death, it belongs to the collective ownership organization to which he belongs.

50. Does the nephew have the right to inherit?

Answer: Article 128 of the Civil Law stipulates that if the brother or sister of the decedent dies before the decedent, the children of the brother or sister of the decedent in subrogation inheritance shall be the decedent.

Generally speaking, subrogation inheritance people can only inherit the share of the inheritance that subrogation inheritance people are entitled to inherit.