There has been a saying in our country since ancient times that "the debts of the father are paid by the sons". People usually believe that death does not mean that the debt disappears, but that it should be borne by his children.
As various laws and regulations gradually improve, there are also clear legal provisions on this point.
Article 33 of the "Succession Law" stipulates that when an inheritance is inherited, the taxes and debts that the deceased should pay according to law shall be paid off, and the taxes paid and debts paid off shall be limited to the actual value of his estate.
This does not apply to the amount that exceeds the actual value of the inheritance and is voluntarily repaid by the heirs.
If the heir gives up the inheritance, he will not be responsible for repaying the taxes and debts that the deceased should pay according to law.
Article 475 of the "Interpretation of the Supreme Court on Application" stipulates that if a citizen who is the person subject to execution dies, and the heir of his estate has not given up the inheritance, the people's court may rule to change the person subject to execution, and the heir shall be within the scope of the inheritance.
repay loan.
If the heir abandons the inheritance, the people's court may directly execute the estate of the person subject to execution.
Specific to this incident, Zhou Kaihe caused Jiang Bai's shop to depreciate, causing him certain financial losses. Now that he is dead, this responsibility will naturally fall on his children.
However, the children’s liability for compensation is not unlimited and cannot exceed the value of Zhou Kaihe’s inheritance at most.
In other words, compensation should be made within the scope of the Zhou Kaihe heritage value at most.
If the children give up inheriting the inheritance, they also do not need to bear this part of Zhou Kaihe’s civil liability.
The crime of illegal trespassing into a residence mentioned by Luo Dazhuang is actually a lie, because the object of this crime is "residence", and shops are commercial properties. These are actually two different concepts, and the two have the nature of land use.
and differences in the nature of property rights.
After the developer signs the land use rights contract, it cannot change it.
In other words, Zhou Kaihe's illegal intrusion into a shop is difficult to be characterized as the crime of illegal intrusion into a residence.
However, what Luo Dazhuang said later was not without purpose.
Although no one believes in the gods and ghosts in modern society, most people still have some taboos or particularities.
Someone died in the house, and the death was accidental and not natural. What is this called?
This is called "Haunted House"!
Once a house becomes a haunted house, depreciation is inevitable. Usually the depreciation rate is between 10% and 20%, and may be as high as 30% to 40%!
Jiang Bai's shop was worth about tens of millions, but it depreciated by millions overnight...
This loss is not insignificant.
Someone has to be responsible for this, right?
Luo Dazhuang's words were sonorous, powerful and shocking, which shocked everyone present.
Jiang Bai was stunned for a moment, but he quickly came to his senses.
yes!
If your house turns into a haunted house for no reason, you are the victim, right?
Originally, Zhou Kaihe was already dead, so Jiang Bai still felt a little bit regretful about the issue of compensation at this time, but who asked Zhou Hongtao to behave in such a reckless and unreasonable way?
Jiang Bai, if you talk to him in a nice voice, with a nicer attitude, and a lower posture, you can talk to him no matter what.
Although he is sincere, he is also soft-hearted.
And eat soft food rather than hard food.
How Jiang Bai handles this matter depends largely on the attitude of the other party.
Zhou Hongtao was obviously planning to blackmail him, so Jiang Bai would not be polite to him.
"How can you, a lawyer, talk!?"
Zhou Hongtao's face was full of surprise, and then he glared at Luo Dazhuang fiercely and shouted loudly: "My dad has left, and you still want him to take responsibility. You still want to ruin his reputation. How dare you?"
Do you have any conscience!?"
"I'm telling you, if there weren't any police comrades standing by, I would have beaten you to the ground with your two bullshit words just now, do you believe it?"
Luo Dazhuang shook his head and said seriously: "Is it true? I don't believe it."
"you……!"
Zhou Hongtao was so angry that his face turned green.
He clenched his fists and was about to take action.
"Mr. Zhou! What do you want to do!?"
Lu Yan quickly stopped Zhou Hongtao and advised in a deep voice: "This is the police station! Just calm down and don't act recklessly!"
Zhou Hongtao gasped and pointed his finger at Luo Da. Although he didn't say anything, it was full of threats.
However, Luo Dazhuang's eyes were stern, his face full of indifference.
It seems that Zhou Hongtao is quite fierce, but if he really dares to hit someone, Luo Dazhuang has many ways to send him to the hospital first, then to the court, and finally to a detention center or even prison for a period of time.
After all, Luo Dazhuang has some friendship with Grandmaster Chen, the founder of Mad Dog Boxing. Isn't it unusual to learn a few moves from him?
Seeing that the atmosphere was a little tense, Lu Yan smiled and waved his hands and said, "Don't be so tense. If there are problems, we can just solve them. Everyone, please calm down."
"Officer Lu, I also want to solve the problem, but you heard what the lawyer just said. He insulted my dad in front of me, how can I bear it!"
Zhou Hongtao pointed at Luo Dazhuang, gritted his teeth and said.
Luo Dazhuang said quietly: "If you are really a filial son, you should handle your father's funeral at this time and let him go peacefully instead of making trouble with us here."
"My father is gone. As a son, of course I have to seek justice for him!" Zhou Hongtao said loudly.
"It's okay if you want justice, but everything must have a legal basis, right?" Luo Dazhuang glanced at him and said, "If anyone with a loud voice could be justified, donkeys would have ruled the world long ago."
So Zhou Hongtao became anxious again.
In terms of talking skills, even a hundred of them would be no match for Luo Dazhuang.
But Zhou Hongtao is definitely very capable in the field of being shameless and unreasonable.
Anyway, he insisted that Zhou Kaihe's death was related to Jiang Bai, and he had to take responsibility and pay compensation!
And his attitude is extremely determined.
Lu Yan said: "Mr. Zhou, your father passed away. I fully understand your grief at the moment, but I still ask you to be calm and rational."
"We are still investigating this matter. According to the current situation, Mr. Jiang has sufficient evidence of alibi when your father had the accident, and no trace of the second person was found at the scene."
"So homicide can be ruled out. Your father fell and injured himself and died. It was purely an accident."
"Furthermore, your father entered the shop without the permission of the shop owner and died in an accident inside. This matter has nothing to do with the shop owner."
"If there is no new evidence to prove that Mr. Jiang is responsible for your father's death, then there is no legal basis for you to demand compensation from him."
After listening to Lu Yan's words, Zhou Hongtao's face was full of reluctance, but he was speechless.
For ordinary people, the police are quite dignified, let alone a deputy chief.
Lu Yan said this from a neutral perspective as a police officer. Even if Zhou Hongtao was very unhappy, he would not yell at a police station deputy chief like he did with Jiang Bai and Luo Dazhuang.
But at this moment, a sharp voice suddenly came from outside the door.
"What did you say!?"
"You are a police officer. You are wearing this suit to serve the people, not to bully them!"
"My poor dad, you have worked hard all your life, and you have never enjoyed a day of happiness. When you are old and dying, such a tragedy happens. Where is the justice of heaven?"
A middle-aged woman with an instant noodle head and a somewhat fat figure rushed in.
Those thick lips were painted bright red, as if they had just drank blood.
There was a black bag slung on his left arm, his nails were colorful, he was holding a mobile phone in his right hand, and he was talking very fast, like a machine gun.
"Are you...Ms. Zhou Yunan?" Lu Yan frowned and looked at the woman.
"Yes, it's me."
The woman nodded.
She is Zhou Kaihe's daughter, Zhou Hongtao's sister, Zhou Yunan.
A woman with a strong personality whose personality and name don't match at all.
Zhou Kaihe passed away, and his son and daughter immediately saw "business opportunities" in this matter!
Now that the old man is dead, the living people must be plotting something, right?
The accident happened in someone else's house, so the owner of the house has nothing to do with it!
So Zhou Hongtao rushed to the police station immediately, hoping to find Jiang Bai through the police, but he didn't expect to happen upon him.
As for Zhou Yunan.
She was worried that Zhou Hongtao would take all the benefits, so she rushed over after him.
The two looked at each other, and they knew what Xiao Jiujiu was thinking about in each other's hearts.
At this time, Jiang Bai said: "Your father did have an accident in my shop, but it has nothing to do with me."
"First of all, I didn't allow him to go in. He broke in without permission, which is already an illegal and criminal act."
"Secondly, I was not there at the time. I didn't even know that your father had entered my shop. I was sleeping at home at that time. This responsibility cannot fall on me, right?"
"The last thing I want to say is that my good shop has been turned into a haunted house because of your father, so it will inevitably depreciate in value. This loss... After I ask a professional appraisal agency to conduct an appraisal, I need you to compensate for my loss."
Zhou Yunan sneered and said, "Fart!"
"If you hadn't locked the door, how could my dad have gone in? If you hadn't built guardrails on the second floor, how could my dad have fallen? If you hadn't placed so many tables and stools in that shabby shop
Sharp objects, how could my dad be injured so seriously!"
"You actually said you have no responsibility? This is not fart!"
"As for what you said about a haunted house or devaluation, I don't understand it, and I don't agree with it. If you want us to pay compensation, you can sue and take legal action."
Zhou Yunan looked confident and confident.
She likes watching Shou Shou very much. She has seen many videos of economic disputes and civil conflicts on Shou Shou. The strong party almost always has an invincible magic weapon to win, which is "go sue", "
Please take legal measures to resolve it”…
And when faced with this situation, the vast majority of people can only admit that they are unlucky.
After all, going to court is not just playing house, and most people don't want to go through the hassle.
Zhou Yunan wanted to use this to force Jiang Bai to give up.
But she obviously chose the wrong person.
Jiang Baike is very familiar with legal channels.
After hearing this, he laughed on the spot, looked at Luo Dazhuang next to him, and then looked at Zhou Yunan and said: "Okay, I will ask a professional organization to determine the damage and then file a lawsuit with the court. You two are waiting to receive it.
Just a summons."
"Besides, I send you the same message."
"If you believe that your father's death is related to me, then fine, you can go to court and sue."
"I sue mine, and you sue yours."
"What is right and what is wrong, what is right and what is wrong, are all left to the law to judge."
With that said, Jiang Bai stood up.
"As for now, I don't think we need to argue anymore."
"Director Lu, if nothing happens, we will leave first."
Lu Yan said: "It's okay, you can leave at any time."
"No! You can't leave!"
"If you don't give me an explanation for what happened today, you won't be able to go anywhere!"
Zhou Yunan opened her arms and blocked the door.
Seeing this, Jiang Bai laughed.
Both of these brothers and sisters are very smart and do not understand the law. They actually restrict their personal freedom in a place like the police station...
What are you thinking about?
Without Jiang Bai speaking, Lu Yan stepped forward and said very seriously: "Ms. Zhou, I just said that your father's death has nothing to do with Mr. Jiang. If you don't agree with my conclusion, you can complain to my superior department.
, you can also take legal channels."
"But if you stop the other person like this, you are restricting other people's personal freedom, which is illegal!"
"Get out of the way quickly. If you have any demands, let the law handle them."
Zhou Yunan was so angry that her face twisted and she was breathing heavily.
I just felt that the police were partial to Jiang Bai.
"Yunnan, get out of the way." Zhou Hongtao said.
"Brother, why don't you..."
"Don't worry, this matter is not over yet, but this is the police station, let's not make trouble here."
Zhou Hongtao lowered his voice and said to Zhou Yunan.
The latter gritted his teeth, glared at Jiang Bai again, and then reluctantly got out of the way.
Jiang Bai said something to Lu Yan and left with Luo Dazhuang.
Zhou Hongtao's brother and sister kept staring at his back, gritting their teeth, but didn't say anything else.
But both Jiang Bai and Lu Yan knew very well that they would never give up.
This matter has just begun.
"Jiang Bai, although what you just said was very tough, you have to know that it is difficult for the court to support this kind of civil compensation for the devaluation of a house."
At the door of the police station, Luo Dazhuang looked at Jiang Bai and said slowly:
"Legally recognized losses should be objective, specific, and measurable losses, such as medical expenses, lost wages, transportation expenses, etc. These can be specifically quantified and supported by evidence such as bills."
"But the depreciation of a house is a subjective, abstract, and difficult-to-measure loss that changes over time and varies from person to person. Especially for depreciation caused by 'haunted houses', it is difficult for even professional institutions to give an accurate assessment."
…”
"This results in a lack of legal evidence for the claim of compensation, which naturally makes it difficult to support."
Jiang Bai frowned slightly, it seemed that this case was not as simple as he thought.
"However, this kind of challenging case is interesting. I have to prepare well."
"Hahaha!"
Luo Dazhuang smiled heartily and strode forward with his hands behind his back.
Sure enough, he is still the familiar Luo Dazhuang.