Chang Jung had the idea of ??citizenship in Hong Kong. As a result

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Hong Kong Ji Shan woman died leaving hundreds of millions of disparate legacy legal heir Guangdong order varies continuously disputes
As the saying goes: "a hundred years of cultivation the same boat, the Millennium cultivation bed can sleep,parajumpers jakke," a couple of single-mindedness, is a kind of sweet fate,air max 1 pas cher homme, should cherish.
Saying and that "Renzouchaliang", "can not be the same with the bitter sweet",tn femme pas cher, "money troubles, money and more trouble." When his wife riding a crane to the West, people have been wrong, things still "yes" - the face of huge heritage, family harmony once regretted the collapse, many years of love, affection are a "money" word rain and wind go, oldest old son chose the court. The story, with concern, continued for many years in Hong Kong, "Britney," Nina estate case is quite similar.
This true story takes place in Shantou, Guangdong. Yesterday, because of the appeal of the elderly, the sequel will be staged in Guangzhou. In this story, you can see the "more than 2700 million shares," "76 sets of real estate" and other TV dramas often wealthy scores huge figure; deeper,soldes air max, it is unsealed court seized another cause behind, and Guangdong Hong Kong law disputes derived dissimilarity.
Text / Chart reporter Zhang Qiang (except signature)
Note: To protect the privacy of the parties, the names used herein are all a pseudonym.
If time could turn the clock back, Yang will certainly leave a paper before dying intestate - but superstition, "intestate unlucky",http://bbs.qingwaquan.com/home.php?mod=space&uid=117288, she did not do so, this has the following plot. The story, from 30 years ago.
Grassroots couples, hard work hard
Yang is Shantou, six brothers and sisters, an enjoyable childhood was overshadowed by her family, reading, working, living,hollister, almost never encountered any setbacks.
Chang Jung also Shantou, when he was very young, my mother died, because many brothers and sisters, was Adopted. 1970s, he "went to the countryside." Compared to Yang, his upbringing and downs, twists and turns.
Speaking of this couple when the "total pain" experience, Yang elderly emotion. According to them: in 1976,http://www.91cheap.org/bbs/home.php?mod=space&uid=393469&do=blog&quickforward=1&id=3818046,basket air jordan, after being educated youth back to the city of Chang Jung, was placed in the household products factory in Shantou City, when the repairman, daily wages 1.5 yuan. Due to financial difficulties, he and his older siblings and other people crowded in a get a break arcade where life is very embarrassed.
Also from the beginning of the year, Chang Jung began to pursue the small of his three-year-old Yang, the 1981, they married and later through all sorts of fighting, and finally to secure a more than 10 square meters of old houses - was a poor white scene, and later sitting on nearly 80 sets of real estate giants style contrasts greatly - it is something.
Zhang Rong people are very clever, by virtue of their enterprise and assistance of his wife, he lived from the start chipping away piecemeal, actually contracted in 1986 sewing accessories business of Shantou City Garment Factory, career since upgraded to a new level . During this period, he was any connection with the sewing machine factory in Xi'an has established a good relationship, then simply start with the sea, this large state-owned distributor in Guangdong and Guangxi region. His business development in the eastern region resounding success, wealth is increasing.
Business bigger and bigger, Chang Jung had the idea of ??citizenship in Hong Kong. As a result, Hong Kong's business environment can give him more opportunities, and secondly,air max tn requin, the identity of Hong Kong will help him to better develop the mainland business. 1992, has been a minor celebrity in Shantou Chang Jung got his wish to enter the Hong Kong nationals.
Yang did not go to Hong Kong with the same Chang Jung, she was already a mother of two children, the concept of the traditional Hong Kong she felt she would not say so, and no friends in Hong Kong, Shantou not want to leave home. The couple separated in different places over four years, until 1996, she was at his brother Yang Zhong et al persuasion and two children moved to Hong Kong with the household. Yang Zhong was advised her: "Long-term two separated, is not conducive to marital relations."
Although it is a Hong Kong resident, Yang still inseparable from the home of relatives, stay in Shantou time far more than Hong Kong. In 2000, she found herself suffering from colorectal cancer in the physical examination, and since then, she almost year-round living in Shantou.
It is common sense that the level of medical benefits and are much better than Hong Kong, Shantou, Yang should be returned to Hong Kong hospitalized son. However, according to Yang Zhong said Yang thought compare superstition, she felt as long as devout prayer, serious illness can be cured.
July 1, 2005, 48-year-old Yang eventually no match for the medical law, untimely death. Chang Jung lost his wife, two children lost their mother, the family of four lost their half of the sky, grief. To outsiders, the more grief, I am afraid to several lords Yang Yang's father and mother Chen Laotai. That year, Yang has 84 years of classic, Chen Laotai already 73 years old, white-haired people who sent hair, feel then?
Untimely death, heritage surfaced
Daughter's death, two old daughter living in the suite left the set of two rooms one hall, the son Zhang Rong monthly living expenses they offer 2,000 yuan per person. In the ordinary view, with this alimony, two old local in Shantou already flies more comfortable, two elderly people are relatively satisfied.
However, one day early in the morning, Chen Laotai get up early to go out to exercise, on the way encounters a long-lost old friends, they will be in short parents chatted up. Old friends who, not without envy for Chen Laotai said: "You son but the whole Shantou famous big boss, your daughter is gone, he should give you a lot of money, right?"
After some small talk, Chen Laotai heart thrown uneven thoughts: So my son so much money? I did not know how? The original parents of her daughter's legacy inheritance?
Yang later learned that, in Guangzhou, Shantou in two places, Zhang Rong, Yang together to buy, or separately purchased by Chang Jung residential, retail yet there are as many as 70 sets. They also informed that Yang Wensheng Zhang Rong had commissioned before buying a house worth more than 300 million yuan of non-tradable shares; stock plus real estate, Zhang Rong and Yang couple's net worth "at least 500 million yuan or more."
While this information before obtaining authority finds not yet discern the authenticity, but Yang Chang Jung lords and Chen Laotai still feel to them conceal the property. They are very angry and decided to have a say.
December 6, 2008, Yang Chang Jung go home to dinner, two old Chang Jung expressed his dissatisfaction with concealing property, proposed that due in part to share. Zhang Rong flatly refused: "I was in Hong Kong, Hong Kong law does not require parents to their children's inheritance may be granted."
Yang consult a lawyer to know: According to the laws of the Mainland, spouse of the deceased and the deceased's parents, children, as are the heirs of the first order. Suppose there are more than 500 million yuan Zhang Rong true net worth, "which should be more than 500 million yuan Zhang Rong, Yang's matrimonial property, Chang Jung accounted for half; half Yang by two old, two children and Chang Jung-5 people equally, each person can be assigned to more than 5,000 yuan. "coaching by lawyers, Yang Zhong think so.
Since then, Yang and Zhang Rong conducted a number of consultations. "Yang Chang Jung proposed two elderly person to deliver a ten million yuan heritage, Chang Jung said he was only willing to pay a total of 8 million yuan." Yang Zhong told reporters.
In this way, the original one who became "the two sides." Both sides repeatedly unsuccessful negotiations, things dragged on.
Seizure of property, but re-opened
According to Chinese tradition,http://szbbs.sznews.com/home.php?mod=spacecp&ac=blog&blogid=, there are contradictions between the family, the preferred mediation, compounding; once resorting to the courtroom, the family was hurt that ends up on the broken mirror difficult. But this scene took place.
According to Yang's argument, really make them determined to resort to the courtroom is that they find something to pick out later, Chang Jung in January 2009 and in March, at a low price to sell 25 million yuan worth of six sets of villas and street shops, and "buyers Chang Jung childcare, equivalent to selling ourselves." They believe that if more drag, Heritage will be transferred completely, even after winning a lawsuit, it is difficult to perform in place.
Two old application to the court for property preservation before litigation, seizure Chang Jung is located in Guangzhou and Shantou of 71 homes. Shantou City Intermediate People's Court on April 3, 2009 ruling, approved the applications of two elderly people, the relevant property is fully sealed for a period of 2 years.
May 6, Yang again at full speed, civil complaint filed asking the court to order the return of Yang Chang Yung legacy of 60 million yuan; court on May 22 accepted the prosecution.
For seized April 3 ruling, Chang Jung strongly disagrees, he believes the vast majority of these properties do not belong to the scope of heritage, is after Yang's death, in partnership with others to purchase for their own investment business, "resulting in the seizure of normal The operation can not be carried out ", apply to the court to lift the seizure.
June 26, Shantou Intermediate People's Court has made a ruling addition, the overthrow of the previous seizure ruled that 57 sets of real estate located in Shantou solution of the letters to the 71 suites, on the grounds that: "some real estate seized, the Department has been applied The purchase of investment real estate business man, to not affect the normal business activities of the applicant, to avoid losses of the parties ...... lift the seizure. "In re-opened at the same time, the court did not allow Zhang Rong provide new property guarantees.
This will let the case fall into a dilemma: Even the two old eventually won the case, then re-opened the 57 suites has not within the scope of the Court of controllable. But no matter how the lawsuit will have to continue to play.
Zhang Rong pointed out that, according to the Hong Kong 'Estates Ordinance, "when the decedent is survived by a spouse and children, spouses and children are the first order of succession, the parents do not fall under the first order. In other words, only in the decedent's spouse and children no circumstances will it be possible to inherit his estate by parents. If the law of Hong Kong, Yang has a husband and two children,air max france, they are the first choice of successor, Yang Chen Laotai lords and no inheritance rights.
However, according to "People's Republic of China Law of Succession" Article 10 and Article 13 of the provisions of the decedent's spouse, children and parents are the heirs of the first order, the heirs of the first order of sharing heritage. In other words, Young Master, Chen Laotai, Zhang Rong and their two children five people have equal inheritance rights. Matrimonial property, half owned by Yang, Yang half shall be 5 per minute.
Son win, elderly appeal
January 26 this year, Shantou Intermediate People's Court of first instance verdict on the case. Verdict let Yang disappointed.
Court accepted the one on the front Yang Chang Yung-dying "continuous residence in the mainland less than a year," the algorithm, and accordingly pointed chattel processing including equities, should be based on laws of Hong Kong. In other words, Yang two old can not inherit this part of the property.
The court also found that 76 sets of real estate Yang mentioned, there are 58 sets are purchased after Yang's death, not a heritage range; before July 1, 2005 Zhang Rong Yang's death registered in the name of the estate only 18 sets, and where there are several sets of couples have been used to cover the sale of matrimonial debt,abercrombie soldes, for a total of inherited property is 13 sets.
Accordance with the law, half of the total price of the 13 sets of real estate, from two old, Zhang Rong and two children on average five people sharing. According to the assessment price, each person can get 1.33 million yuan. All the houses owned by Zhang Rong, Zhang Rong discount pay for other 4 people deserve part of the payments.
Than for litigation claims and the verdict,nike jordan pas cher, Zhang Rong undoubtedly win the. Racking up trouble,http://www.dosttavsiyesi.com/content/t%C3%BCrk-topra%C4%9F%C4%B1-tehdit-alt%C4%B1nda#comment-537132, Yang two old only gained 1.33 million yuan each legacy, remove all types of litigation expenses totaling 170,000 yuan, a figure far below even when both parties privately negotiated Chang Jung's "Total 8,000,000 Yuan ", which makes it difficult to accept the two old.
Yesterday, Yang's two elderly people to Shantou filed a petition in the Court, if the accident, the parties had in Guangdong Higher Court lawsuit to fight a second trial.
In the complaint, Yang party put forward a series of ideas: the first instance court for illegal Chang Yung unilaterally cancel the property preservation interests, in violation of the provisions of "Civil Law", a direct result of Chang Jung transferred to a third party under the name of the property,http://www.skiblog.de/forum/profile.php?id=18097, allegedly capricious and arbitrary. Yang's habitual residence should be in Shantou, dispose of movable part of its heritage, the law should also apply to the mainland; algorithm Court of First Instance has not only wrong, but also ignores the fact that Yang died more than four years of permanent residence in Shantou. Court of First Instance not to Zhang Rong Yang died after the purchase of 55 sets of real estate included in the estate, but failed to ascertain whether the 55 sets of real estate comes with a legacy of transformation.
Yang require court of second instance active investigation, gather evidence, identify that "more than 300 million yuan worth of shares" really exist, and that 55 sets of mortgage real estate comes from.
Yesterday afternoon, the reporter called Zhang Rong phone, the first time he did not answer, but then back up with a Hong Kong reporter's phone call. He told reporters on the case, he has been entrusted to him to hire a lawyer, "individuals do not express any opinion."
Focus of controversy
Different laws, different ownership
Laws of Hong Kong and the Mainland different judges how to do?
Yang is a Hong Kong resident, according to "People's Republic of China Law of Succession" Article 36: "Chinese citizens outside the People's Republic of China inheritance or inheritance of foreigners in the territory of People's Republic of China, the movable property shall be heirs of legal domicile, Real estate location real estate applicable law. "Accordingly,http://www.cecyteo.edu.mx/site/index.php, the real estate belonging to real estate, applicable laws of the Mainland, almost no controversy at all.
But Yang believes that Zhang Rong mastered more than 300 million yuan worth of stocks, the focus of this part of the movable property to be verified has become controversial. "Movable property shall be heirs legal domicile" and what is "domicile"? Yang joined the Hong Kong nationals, but year-round living in his hometown in Shantou,http://www.zhixuannet.com/forum.php?mod=viewthread&tid=416780&extra=, domicile where?
Focus 1: "domicile" of the dispute
Supreme People's Court "on the implementation of the & lt; People's Republic of China Law of Succession & gt; views number of issues" Point 183 states:. "The party's residence is unknown or can not be determined, with its habitual residence residence residence has several parties to a civil relationship with their dispute is most closely connected home for shelter. "
Two old's attorney pointed out that Yang died in Shantou, Shantou dying before they settled permanently, and almost all of its heritage in the mainland, Shantou is her habitual residence, the case law should apply to the mainland.
Chang Yung-party then moved out of the Supreme People's Court "Opinions on Several Issues Concerning the Civil Procedure Law" Article 5: "Citizens of habitual residence refers to more than one year has been continuously inhabited place where the citizens to leave his domicile to the prosecution, but hospital except where a doctor. "After calculating his attorney believes Yang in Shantou of less than one year of continuous residence time, so Shantou than its habitual residence.
Focus 2: inpatient count live?
So far, the case of First Instance eventually evolved into a simple but complex math problems. It simply because of this question only plus or minus a few days to see whether the total number of years to reach one. It complicated, because these subtleties clouds, which a few days it should be added, which should cut down the number of days, will determine the legacy of ownership,http://mydogate.leeandlauren.net/index.php?title=User:Fyryhdsg4d#Mother_and_daughter_are_restaurant_for_dinner, and gradually evolved into a quibble over language issues.
Chang Yung-side is so counted: Yang was the last to leave the residence in Hong Kong June 14, 2004; since July 8,hogan outlet milano, 2004, she went to Shantou University Medical treatment, until July 1, 2005 died, During hospitalized three times, totaling 43 days. Deduct these 43 days, from 2004 to 14 June 2005 of July 1, Yang in Shantou continuous residence time less than 1 year - because "except hospitalized place", hospitalized 43 days can not included in the totals.
Yang views diametrically opposed: "except hospitalized place", the focus is except "local" rather than "time" are excluded. This provision is to exclude hospitalization go to a place for the purpose and circumstances more than one year of continuous residence. For example, a Chinese American patients to see a doctor, lived in the US a year after the hospital died, the United States can not therefore apply the law of succession.
They believe that Yang permanent residence in Shantou, obviously not to be hospitalized for the purpose, "why not choose the medical career she developed to Hong Kong?" So one of the Yang Chang Jung subtracted from the total number of days in the hospital 43 days in Shantou,tn requin pas cher, is a misinterpretation of the law.