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Can traffic accident death compensation be regarded as heritage

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Can traffic accident death compensation be regarded as heritage


        

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  • 2024-07-01 08:00:49

    Lao Wu met with a traffic accident when he went to his eldest son's house. As long as the eldest son is around to take care of him when he is dying. In front of the doctor and nurse, Lao Wu said to his eldest son, "My estate after my death belongs to you.". Soon after that, Lao Wu died. Lao Wu's wife died early and had two sons and a daughter. Lao Wu has two adobe houses in the outskirts of the city. The driver who caused the accident lost more than 400000 yuan of death compensation. The two earth houses belong to the eldest son, and the other children of Lao Wu have no final opinion, but they all claim the right of inheritance for the death compensation of more than 400000 yuan. Then, whether the death compensation belongs to the afterlife industry of Lao Wu, and how should it be distributed
    According to the third rule of the Inheritance Law of China, "heritage is the legal personal property left by citizens when they die, including:
    (1) Income of citizens
    (2) Citizens' houses, savings and daily necessities
    (3) Citizens' trees, livestock and poultry
    (4) Cultural relics, books and materials of citizens
    (5) All means of production that the law allows citizens
    (6) Industrial rights in citizens' copyright and patent rights
    (7) Other legitimate industries of citizens. "
    In addition, the death compensation is the compensation for the loss of income caused by the death of the victim. In fact, it is the loss of the victim's family members and close relatives in the industry. The scope of compensation is the future available benefits lost due to the death of the victim. In this regard, the distribution can refer to the first order of inheritance law rules: lovers, children, parents, and the second order: brothers and sisters, grandparents, grandparents. Therefore, Lao Wu's two sons and one daughter have the right to participate in the distribution of death compensation.
    The death compensation is the compensation responsibility for the loss of the future benefits available to the relatives of the deceased according to the damage to the affirmation right and life right of the deceased, and the debt is caused by the relative legal relationship between the deceased and the debtor. The two are different in nature. The reason why the perpetrator should bear the responsibility of death compensation is based on the legal identity relationship between the relatives of the deceased and the deceased. This right of affirmation is inviolable to anyone, and any third person is responsible for inaction. The legal link between debt and debt is a relative legal link, and the third person does not have the responsibility to necessarily protect this legal link. The debtor can only plead with the debtor to implement the debt, but cannot plead with the third person to implement the debt. Therefore, the death compensation should be the property of the deceased's close relatives, who belong to C, not Xiao Jia's inheritance. The proposal that Zhang Mou, as a debtor, asked for the death compensation to be used as Xiao Jia's debt before his death could not be established.

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