Have you learned these legal knowledge in "their names"?

Author:Xinjiang Legal Daily Time:2022.09.22

Recently, the TV series "their names" was broadcast. From a rational perspective, it was viewed, solved in the workplace, feelings, and the problems encountered in the family.

The thunder played by Qin Hailu is a strong career -oriented woman; Bai Bing played Ren Duomei, a full -time wife who regards the family as a lifelong career; The workplace is full of energy. While chasing the drama, let's learn the legal knowledge in the play with Xiaofa.

□ Pomegranate Cloud/Xinjiang Legal System Reporter Zhang Xiu

Knowledge point

Is the "birth baby reward" effective?

Mother -in -law asked Ren Dumei to have a child. Ren Duomei returned on the spot: "There was a child to give 500,000 yuan, the house was named, and a pair of dragon and phoenix rewarded 1 million yuan." In reality, it is not uncommon to agree on the "birth baby reward" between mother -in -law.

So, is the "Birth Baby Reward" have legal effect? ​​If it is valid, who is the reward?

Yan Tao, a lawyer of the Xinjiang Yanhuang Law Firm, said that the "Birth Baby Reward" is actually a gift contract. For example, in order to encourage his son and daughter -in -law to give birth, he gives them his property without the same conditions. When the two parties reached a consensus, the gift contract was established.

However, the ownership of "Birth Baby Reward" should also be subdivided according to the specific situation.

For example, in order to encourage her son and daughter -in -law to give birth, the in -laws said to the young couple, "You have a child to reward 100,000 yuan and give birth to two children to reward 200,000 yuan." So, this gift should be understood as a joint gift to the couple two. , "Shengwa bonus" belongs to the husband and wife.

For another example, in order to encourage her daughter -in -law to give birth to a second child, I said to my daughter -in -law, "You regenerate a child, I will give you a reward of 100,000 yuan." Then, this gift should be understood as a personal daughter -in -law. The daughter -in -law is owned.

There are still third situations in reality. The in -laws said to my son and daughter -in -law, "Don't worry about the high cost of raising a baby in the future, we have prepared 100,000 yuan for my grandson." Then, this gift should be owned by the grandson, the son and daughter -in -law's right to exercise the property of the property.

It is worth mentioning that Article 658 of the Code of the People's Republic of China stipulates that the gift may be revoked before the right of the premium property. The notarized gift contracts or gifts such as disaster relief, poverty alleviation, and disability such as disaster relief, poverty alleviation, and disability shall not apply to the preceding paragraph.

In other words, unless the two parties have proved in a notarized manner, this kind of "babies reward" gift before the property was delivered, the in -laws had the right to revoke as a gift person.

Knowledge point two

Is it responsible for the release of a small advertisement?

In the play, Shen Jianan mistakenly believed that the thunder and his father had an improper relationship. With the help of work, he obtained personal information such as the phone number of the thunderbolt, and the number of "heavy funds" advertisements was released with this number.

What is revealed? If the thunder is pursued, does Shen Jianan take responsibility?

Yan Tao said that he needs to be responsible.

Article 2 of the Personal Information Protection Law of the People's Republic of China stipulates that the personal information of natural persons is protected by law, and any organization or individual shall infringe the personal information rights and interests of natural persons.

Electronic or other methods can be recorded alone or with other information with other information that identifies specific natural person identities or reflects the activity of specific natural persons, including name, ID number, communication and communication contact information, address, account password, property status, trajectory trajectory, trajectory trajectory Wait, they belong to the personal information of citizens.

The use of other people's information and publish a small advertisement for "heavy money" not only violates the personal information rights and interests of others, but also may reduce the social evaluation of others and constitute reputation infringement.

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