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复婚未登记 没有继承权

作者:admin  日期:2019-03-07 10:09  人气:
夫妻两人离婚后又和好了,但没有去婚姻登记部门办理登记手续。然而这个随意的选择可能就使自己日后应有的权益得不到保障。
 
The couple reconciled after their divorce, but did not go to the marriage registration department for registration. However, this arbitrary choice may not guarantee their rights and interests in the future.
 
 
 
近日,苏城公证处接待了几个来申办继承公证的当事人,经了解继承人张某与被继承人钱某于2000年结婚,7年后二人感情发生危机以致离婚。离婚时,双方对于财产也做了分割,房屋也在房产登记部门重新做了变更登记。离婚3年后,双方为了小孩又重新生活在一起,但一直未去民政部门办理复婚手续。2014年6月份,钱某开车发生交通事故不幸身亡,最后肇事方一共赔偿了50多万元费用。在遗产分配时,张某与钱某的父母达成一致,钱某的父母自愿放弃继承钱某的遗产,由张某和其小孩共同继承。
 
Recently, the Sucheng Notary Office received several parties to apply for the Notarization of Inheritance. It was learned that Zhang Mou, the heir, and Qian Mou, the heir, were married in 2000. Seven years later, their emotional crisis led to their divorce. When divorced, the two sides also split up the property, and the house was re-registered by the real estate registration department. After three years of divorce, the two sides lived together again for the sake of their children, but they never went to the civil affairs department to go through the formalities of remarriage. In June 2014, Qian died in a traffic accident while driving. In the end, the perpetrator paid more than 500,000 yuan in compensation. In the distribution of inheritance, Zhang Mou and Qian Mou's parents agreed that Qian Mou's parents would voluntarily give up inheriting Qian Mou's inheritance, and Zhang Mou and his children would inherit it together.
 
 
 
问明情况后公证员指出,根据我国《婚姻法》规定,未按《婚姻法》的规定办理结婚登记而以夫妻名义共同生活的男女,一方在同居期间死亡的,另一方是不能以配偶身份主张自己享有继承权的。这是因为仅仅同居不具备“夫妻的名分”。因张某与钱某没有进行复婚登记,不符合夫妻的法定要件,法律不予保护。所以张某不能以妻子的名义继承钱某的遗产。
 
After inquiring about the situation, the notary pointed out that according to the provisions of the Marriage Law of our country, men and women who do not register for marriage and live together in the name of husband and wife in accordance with the provisions of the Marriage Law, one side dies during cohabitation, and the other side can not claim the right of inheritance as a spouse. This is because cohabitation alone does not have the status of husband and wife. Because Zhang Mou and Qian Mou did not register for remarriage, they did not meet the legal requirements of husband and wife, and the law did not protect them. So Zhang Mou can't inherit Qian Mou's inheritance in the name of his wife.
 
 
 
根据我国《继承法》的规定,遗产按照下列顺序继承:第一顺序:配偶、子女、父母。钱某的孩子和他的父母都属于遗产继承的第一顺序人,故本案钱某的遗产应由他的孩子和他的父母继承。因钱某的父母均放弃继承钱某的遗产,则钱某的遗产由其孩子继承。
 
According to the provisions of the Inheritance Law of our country, inheritance follows the following order: the first order: spouse, children, parents. Qian's children and his parents belong to the first order of inheritance, so Qian's inheritance in this case should be inherited by his children and his parents. Because both Qian's parents give up inheriting Qian's inheritance, Qian's inheritance will be inherited by his children.
 
 
 
市公协友情提醒,生活中,夫妻双方无论是结婚、再婚、复婚,都要到婚姻登记机关办理登记变更手续,不仅是婚姻登记,相关物权也要进行相应变更登记,否则,一旦发生需要办理继承手续的情况时,就会出现法律程序上的障碍。万一出现了同居中的一方死亡情况,另一方将不能享受应有的权益。虽然生活中,搭伙过日子,感情好是第一位的,但是感情无法代替法律,为了依法维护个人权益,还是应该依法办事。
 
The Friendship of the Municipal Public Association reminds us that in life, both spouses, whether married, remarried or remarried, must go to the marriage registration authority for registration of changes. Not only the marriage registration, but also the relevant property rights should be registered for changes accordingly. Otherwise, there will be obstacles in the legal procedure once the inheritance formalities need to be handled. In case one of the cohabitants dies, the other party will not be able to enjoy its due rights and interests. Although in life, good feelings are the first, but feelings can not replace the law, in order to safeguard individual rights and interests according to law, we should act in accordance with the law.
 

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