The Legal Walkman: DeHeng Law Offices' Free Community Seminars
- Fengrunyuan, Basics on Marriage Law and Inheritance Law
2012-05-16
Lawyer Lou Yun is giving lecture to residents
On the afternoon of May 15, 2012, lawyer Lou Yun, from the public undertaking department of DeHeng Law Offices, gave lecture on the "Marriage Law and Succession Law" to a group of very attentive residents at the conference room of the Fengrunyuan committee in Beijing Xicheng District.
Lawyer Lou's lecture was on the marriage and inheritance issues closely related to everyone. The lecture was based on jurisprudence but closely related to real life. Profound contents were explained in simple language and with humor.
Lawyer Lou firstly introduced detailed concept of marriage, the conditions of marriage, marital property classification and divorce in the Marriage Law, in particular, the key provisions of the judicial interpretation (III) of the Marriage Law: "Where a spouse executes a contract for the sale and purchase of immovable property before marriage, pays down payment with his/her separate property, takes a loan from a bank, repays the loan with the community property of both spouses after marriage, and registers the immovable property under the name of the person making the down payment, both parties shall dispose of the immovable property by agreement upon divorce. Where both parties fail to reach an agreement according to the preceding paragraph, the people's court may rule that such immovable property vests in the party whose name is stated in the property ownership registration certificate, and the loan outstanding thereof shall be the separate debt of such party. In respect of loan repayment jointly paid by both parties after marriage and the corresponding property increment thereof, the party whose name is stated in the property ownership registration certificate shall pay compensation to the other party ".
Lawyer Lou said that because of the development of social economy and the soaring price, the value of real estate in big cities was up to millions and that became the primary partition of property between husband and wife upon divorce. When this provision was published for comments, it had been much debated. But straightening out the property relations between husband and wife is the important security for the stability of the feelings between husband and wife and the marriage and the family. No matter how the property is divided, the bottom line should be that the parents' properties are not harmed.
The second part of the lecture, Lawyer Lou detailed and analyzed all aspects of the Succession Law, such as statutory inheritance, intestate succession, the disposition of the estate.
After the lecture, Lawyer Lou answered residents' questions on the spot.
An elderly lady said from the heart: "This activity is very good, and has given us very useful help."
The legal introduction and consultation, lasting more than two hours, was ended after a warm interactive quiz. Lawyer Lou's professional standards and simple explanations gained much praises from the Fengrunyuan committee and its residents.
