>>>welcome 河南大学, You have logged in.
Logout History Contact us  
Font Size:  A A A Search “Fabao” Window English 中文 = 简体  繁体
  Favorite   DownLoad   Print
 
Case on Chen Yixi's Application for Determination of Ownerless Property (case of applying to determine the ownerless property)
陈益锡申请认定财产无主案
【法宝引证码】

Case on Chen Yixi's Application for Determination of Ownerless Property (case of applying to determine the ownerless property)
(case of applying to determine the ownerless property)
陈益锡申请认定财产无主案

Case on Chen Yixi's Application for Determination of Ownerless Property

 

陈益锡申请认定财产无主案

BASIC FACTS 
Applicant: Chen Yixi, male, born on June 14, 1948, of the Han ethnicity, employee of Shanghai Longtou Joint Stock Company Limited, dwelling at No. 10, Lane 323, Hejian Road, Shanghai. 申请人:陈益锡,男,1948年6月14日,汉族,上海龙头股份有限公司职员,住上海市河间路323弄10号。
Chen Yixi, the applicant, filed an application to the People's Court of Yangpu District, Shanghai Municipality at the locality of the house: No. 12, Lane 323, Hejian Road, Shanghai, requesting the court to determine the front half of the house as ownerless property, and to adjudicate that the house be owned by him. 申请人陈益锡要求认定上海市河间路323弄12号前半间房屋为无主财产,并将该房屋判归其所有,向财产所在地上海市杨浦区人民法院提出申请。
Yangpu District Court appointed one judge according to the provisions in the “Civil Litigation Law of the People's Republic of China” on special procedures to try the case, and it was found out after trial: 上海市杨浦区人民法院依照《中华人民共和国民事诉讼法》关于特别程序的规定,由审判员独任审理,经审理查明:
The front half of the house at No. 12, Lane 323, Hejian Road, Shanghai, which is about 7 square meters, is a private house left by Chen Xiaomei, Chen Yixi's deceased aunt. Chen Xiaomei died in September 1989. Chen Xiaomei and Xu Yuanlong (her husband who died in June 1979) had a son named Xu Shunlin (died in January 1973) when they were still alive. After Xu Yuanlong and Xu Shunlin died, Chen Xiaomei's life was mainly cared for by Chen Yixi, and Chen Yixi fulfilled many maintenance obligations to Chen Xiaomei. 座落于上海市河间路323弄12号前半间约7平方米房屋,系申请人陈益锡之姑母陈小妹遗留的私房。陈小妹于1989年9月死亡。陈小妹与丈夫徐元龙(于1979年6月死亡)生前育有一子,名徐顺林(于1973年1月死亡)。陈小妹的丈夫徐元龙及儿子徐顺林死亡后,其生活主要由申请人陈益锡照料,陈益锡对陈小妹尽了较多的扶养义务。
Yangpu District Court published an announcement on its bulletin board and at the locality of the above said property in accordance with Article 175 of the Civil Litigation Law on April 18, 1994 for the relevant persons to identify and claim the property for a statutory announcement period of one year. However, after the announcement period expired, no one claimed the above said property. 上海市杨浦区人民法院依照民事诉讼法第一百七十五条的规定,于1994年4月18日在该院公告栏及上述财产所在地发出认领该财产的公告,法定公告期为一年。公告期届满,上述财产无人认领。
JUDGMENT'S REASONING 
Yangpu District Court holds that, the front half of the house at No. 12, Lane 323, Hejian Road, Shanghai, with an area of about 7 square meters, was indeed ownerless property, and shall be lawfully recovered and turned over to the state or the collectivity. Whereas Chen Yixi fulfilled major maintenance obligations to Chen Xiaomei who was the house owner, in accordance with Article 14 of the “Succession Law of the People's Republic of China”, i.e., “An appropriate share of the estate may be given to a person, other than a successor, who was largely responsible for supporting the decedent”, Chen Yixi shall be given proper share of the ownerless property. However, the ownerless property does not have a large value, and is of no great actual significance if it is recovered and turned over to the state or the collectivity. Hence, Chen Yixi's request for owning the above said ownerless property conformed to legal provisions, and shall be upheld. Therefore, Yangpu District Court decided as follows on August 4, 1995: 上海市杨浦区人民法院认为,位于该市河间路323弄12号前半间约7平方米房屋确属无主财产,依法应收归国家或者集体所有。鉴于申请人陈益锡对原房屋所有人陈小妹生前尽了主要扶养义务,依照《中华人民共和国继承法》第十四条关于“继承人以外的对被继承人扶养较多的人,可以分给他们适当的遗产”的规定,应当从该无主财产中分给陈益锡适当的财产。但是,该无主财产价值不大,收归国家或集体所有无多大实际意义。因而,申请人陈益锡要求将上述无主财产归其所有,符合法律规定,对此应予支持。据此,该院于1995年8月4日判决如下:
JUDGMENT北京大学互联网法律中心 
The front half of the house at No. 12, Lane 323, Hejian Road, Shanghai shall be owned by Chen Yixi. 上海市河间路323弄12号前半间房屋归陈益锡所有。
In accordance with Article 161 of the Civil Litigation Law, the present judgment shall be an effective judgment.

 依照民事诉讼法一百六十一条法宝之规定,本判决为生效判决。
 

     
     
Scan QR Code and Read on Mobile
【法宝引证码】        北大法宝en.pkulaw.cn
Message: Please kindly comment on the present translation.
 
Confirmation Code:
Click image to reset code
 
  Translations are by lawinfochina.com, and we retain exclusive copyright over content found on our website except for content we publish as authorized by respective copyright owners or content that is publicly available from government sources.

Due to differences in language, legal systems, and culture, English translations of Chinese law are for reference purposes only. Please use the official Chinese-language versions as the final authority. Lawinfochina.com and its staff will not be directly or indirectly liable for use of materials found on this website.

We welcome your comments and suggestions, which assist us in continuing to improve the quality of our materials as we dynamically expand content.
 
Home | About us | Disclaimer | Chinese