作者：合肥便民调查公司 发布于：2021-07-27 14:47:02
One party deceived the third party, handed over all his property to the third party, and left no inheritance share to his spouse and children. Can a third party obtain all the estate in the name of the deceased by virtue of this agreement? Is this agreement valid?
Question: is it effective to give all property to lovers?
Analysis answer: Lawyer's answer:
In this case, if a gives all the property in his name to his lover by will without retaining the share of his spouse and children, the property is invalid.
Citizens have the freedom to dispose of their property. Generally speaking, a will made by a citizen is valid as long as it meets the formal requirements, but it cannot violate public order and good customs and habits and transfer all his property to his lover, which is contrary to good customs and morality and should be invalid.
If a will is invalid, the estate shall be inherited in the form of statutory inheritance, and both husband and wife and their children shall have the right to inherit.
Legal point of view:
Article 153 a civil juristic act that violates the mandatory provisions of laws and administrative regulations shall be null and void. However, unless the mandatory provision does not invalidate the civil legal act.
A civil legal act that violates public order and good customs shall be null and void
Article 1141 a will shall reserve the necessary share of the estate for an heir who lacks the ability to work and has no source of income.
Public order and good customs is the common name of public order and good customs. The principle of public order and good customs is an important legal principle of modern civil law, which means that all civil activities should abide by public order and good customs. In modern market economy society, it plays an important role in safeguarding the general interests of the state and society and universal moral concepts.
Public order refers to public order, which refers to the general order necessary for the existence and development of national society; Good customs refer to good customs and habits and the universal morality necessary for the existence and development of national society.
Public order and good customs means that the acts of civil subjects shall abide by public order and good customs and shall not violate national public order and social morality. At the beginning of the formulation of civil law, the principle of public order and good customs was to restrict the freedom of contract. However, today, the principle of public order and good customs is regarded as an important principle in the field of private law, which is the same as the principle of good faith: the exercise of rights and the performance of obligations in private law must be within this scope. The principle of good faith takes legal freedom as the keynote and adjusts and repairs the rights and interests of the parties from the inside of the law, while public order and good customs restrict it from the outside with the same keynote.
The reason why the civil law needs to stipulate the principle of public order and good customs is that it is impossible for legislation to foresee all acts that damage national interests, social public welfare and moral order and make detailed prohibitive provisions. Therefore, the principle of public order and good customs is established to make up for the deficiency of prohibitive provisions. The principle of public order and good customs includes the factors of judges' discretion and has great flexibility. Therefore, it can deal with various new problems in modern market economy and protect the overall interests of the country and social moral order.