Do separated children have inheritance shares? The rule of law salon in Chongming focuses on rural property disputes, inheritance and distribution of homesteads | inheritance | rule of law

How to handle disputes related to homestead land in the homestay industry, and how to balance the distribution of homestead land heritage with rural customs? With the rapid development of the economy, legal disputes over rural property have occurred from time to time. On July 11th, the Standing Committee of the Chongming District People's Congress and the District People's Court held a down-to-earth "rule of law salon" in Xin'an Village, Sanxing Town, focusing on the analysis of hot legal issues related to rural property disputes. In response to common civil property disputes in rural areas such as homesteads, inheritance, and family separation, Wang Qiuhong, the presiding judge of Changxing Town Court of Chongming District People's Court, combined case handling practice and typical cases to answer questions and clarify doubts for villagers, and interpreted relevant legal provisions such as the Civil Code.

Civil law is a law of rights, and the Civil Code not only incorporates civil rights from existing civil laws, but also adds rights such as residential rights and land management rights according to the development of the times, further enriching the types of civil rights. A villager mentioned that before 2005, rural families with two or more children with agricultural household registration could apply for homestead land separately after their children got married. Since 2005, it has been stipulated that one child must be bound to their parents and cannot apply for homestead land separately. "This policy is conducive to solving the problem of elderly people living alone in rural areas. However, once encountering demolition, centralized living, and inheritance, it is difficult to balance the application for homestead land between children who have been separated and those who have not been separated, which can easily lead to family conflicts." Excuse me, judge, do children who have been separated still have inheritance shares in their parents' homestead land? "

"According to the relevant laws and regulations of the Civil Code, children are the first order inheritors of their parents' inheritance, and the criterion for inheritance is not based on whether they are divided into households. However, the law is not cold, and the original intention and purpose of legislation are closely related to the core social values. Article 1330 of the Civil Code stipulates that when distributing inheritance to inheritors who have fulfilled their main obligation of support or live together with the inheritor, they can be divided more." Wang Qiuhong replied.

According to the customs and traditional beliefs of most rural areas, parents mainly rely on their sons for retirement, and their property is mainly given to their sons. As living conditions improve, the wealth of the elderly increases, especially when encountering concentrated rural residential and demolition activities. Some married daughters also propose to participate in property distribution, which often leads to family conflicts. "I would like to ask, if similar disputes are appealed to the court, is it based on equal distribution of shares between men and women, or is it considering the actual customs and habits in rural areas?" a villager asked.

"Article 1130 of the Civil Code stipulates that inheritors in the same order should generally inherit equal shares of the inheritance. For inheritors who have difficulties in life and lack labor ability, they should be taken into consideration when distributing the inheritance. For inheritors who have fulfilled their main obligation to support the deceased or live together with the deceased, they can be distributed more. For inheritors who have the ability and conditions to support, but do not fulfill their obligation to support, they should not be distributed or be distributed less." Wang Qiuhong said that the Civil Code is a model for implementing the constitutional principle of "gender equality". With the improvement of living conditions, daughters take the initiative to bear more elderly care responsibilities. In the distribution of inheritance, gender equality should be comprehensively considered. The principles of elderly care and childcare, consistency of rights and obligations, etc.

The transfer and transaction of rural land contract management rights, rural collective operating assets, and agricultural intellectual property rights provide strong support for the smooth flow of urban and rural factors, activating the potential of rural resource factors, comprehensively promoting rural revitalization, and accelerating the construction of an agricultural power. In the process of rural industrial development, it is necessary to strictly abide by laws and regulations, prevent legal risks, and ensure the sustainable development of the industry. For example, in the current era where the popularity of "homestay+outing" is not decreasing, the Chongming Court has also accepted a certain number of cases related to the homestay industry. How can homestay operators prevent legal risks during the development and construction stages? Wang Qiuhong explained to everyone on site, "An important point is to clarify the property rights of the house. If there is a dispute over the use right of the homestead, it is not recommended to lease the house on the homestead until the administrative authority confirms the ownership. We need to further improve contract risk awareness, enhance risk prevention and performance capabilities, and promote the healthy and coordinated operation of the homestay industry on the track of the rule of law."

"In the 'Rule of Law Salon' activity, identify and solve problems, so that the people can truly feel that fairness and justice are around them, especially by strengthening the protection of vulnerable groups and making the greatest effort to safeguard the fundamental interests of the broadest masses of the people." Li Feng, a National People's Congress representative who participated in the event, said that the joint establishment of the "Rule of Law Salon" by the National People's Congress and the court is a good innovation and exploration to smooth the channels for expressing opinions of representatives and consolidate the joint efforts in protecting the rule of law. It also helps to create an open and transparent rule of law environment and continuously promote the construction of world-class ecological islands in the service of the rule of law.