Villagers away from home for a declaration of deat

2002 年 Si-Yuan Zhang and Li Ling married and has one son Zhang Qiang, and not after they have been feeling. June 5,cheap louis vuitton handbags, 2004, Zhang Siyuan walked, from vain. Time from year to year in the past, Li Ling himself with children, life is very difficult. In desperation, Li Ling in August 2008 where the court for a declaration of its Si-Yuan Zhang death. August 23, 2009 the court declared Si-Yuan Zhang death. November 2009, the son of Li Ling Zhang Qiang Zhao gave a neighboring county's adopted by a couple, sold together with the Si-Yuan Zhang purchase homes after marriage, and Zhang Siyuan marriage purchased a white car to give his Changhe cousin, and then into marriage with the king of the village, and gave new life.
did not think that, in June 2010, Si-Yuan Zhang for many years suddenly go back to his hometown, a village on the villagers told that they have been declared dead, the family has nothing. Si-Yuan Zhang found the wife, she remarried, said he did not object to others, but the children and their property should be returned to their own. In this regard, Li Ling believes that Zhang Siyuan no audio for several years has been declared dead, the child alive and well in Zhaojia Sheng, legitimate and effective adoptive relationship, has been selling real estate, vehicles are sent to other people, can not say that we should return back.
Could they have been declared dead will lose all rights? Si-Yuan Zhang very much puzzled. In fact, according to China's existing laws, Si-Yuan Zhang was pronounced dead again appears, according to the law can also enjoy the following rights:

one, can not change the fact that Li Ling remarry, but Zhang Siyuan can remarry. Since the date of declaration of death eliminated. declaration of death by the People's Court revoked if the spouse has not remarried,cheap shopping, the husband and wife from the date of revocation of declaration of death on their own recovery; remarry after a divorce if their spouse or remarried spouse is dead, marital relationship shall not be found on their own recovery. Revoked by the court after the declaration of death, was declared dead person's spouse has not remarried, the husband-wife relationship on their own recovery, and the spouse remarry, the husband-wife relationship shall not be found on their own recovery. Case, Li Ling had remarried, so even if Zhang Siyuan's declaration of death by the court revoked, and shall not identify itself to restore the couple relationship. However, Si-Yuan Zhang divorce process can be direct without a family again.
Second, the Si-Yuan Zhang Zhao couples can negotiate with the lifting of adoptive relationship. Public opinion through the provisions of Article 38: invalid,nike air max, should not normally be permitted, but the adoption and the adopted person except with the consent. But he could seek the consent of Qiang Zhao and his wife, after the lifting of the adoption agreement.
Third,louis vuitton store, the behavior of Li Ling effective disposition of property, but Zhang Siyuan may request appropriate compensation. Li Ling Li Zhang Department of houses were sold during the existence of two couples purchased, is jointly owned property. Si-Yuan Zhang Changhe for white cars, the Department pre-marital property. Si-Yuan Zhang was pronounced dead later at the house based on two of marriage enjoyed by the half Zhang Li, Zhang Siyuan that part of the inheritance according to Li Ling and Zhang Qiang, each is entitled by the half, therefore, Li Ling enjoys the ownership of the house three-quarters . For the white car from Changhe Li Ling and Zhang Qiang each half. Civil Law Article 25 stipulates: , people pass comments 第四十一条 states: organization, shall be returned to original or appropriate compensation. responsible for their Si-Yuan Zhang obtained by inheritance property of the Si-Yuan Zhang appropriate compensation.
four, was declared dead during the civil legal action is still valid. Si-Yuan Zhang ran away from home after working away from home, in October 2009, Liu workers to its loan of 2,000 yuan, a year after the agreed return. This borrowing occurs in Si-Yuan Zhang was pronounced dead after the courts, then Zhang Siyuan Liu able to return to their borrowing it? Public opinion through the second paragraph of Article 36 provides: the legal consequences of conflict, its implementation is subject to civil legal acts.
(Author: Zhengzhou City, Henan Province People's Procuratorate)

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