Parents died 26 years ago, and 3 children sued the court for inheritance. Has the statute of limitations expired？
This article was transferred from [Guangzhou Intermediate People’s Court];
Twenty-six years after his parents died.
Children have disputes over the left property.
As the legal heir
Do you still have the right to inherit?
Is it because the statute of limitations has exceeded 20 years?
And lose the right to win?
Basic facts
Liu Moucai married Lu Mohuan and had three children, Liu Jia, Liu Yi and Liu Bing. Lu Mohuan and Liu Moucai obtained a house by removing the property right replacement of the old house and paying the difference. Liu Moucai and Lu Mouhuan died in 1978 and 1991 respectively, and the house was actually occupied and used by Liu Yi.
In 2019, Liu Jia and Liu Bing, as plaintiffs, Liu Yi as defendant, and nine other legal heirs as third parties, filed a lawsuit in Yuexiu District People’s Court of Guangzhou, requesting to confirm that they enjoyed a share equal to the inheritance ratio of the rights and interests of the demolished property.
Liu Jia and Liu Bing shall inherit the share:
* House share confirmation chart
(The share inherited by Liu Jia, Liu Yi and Liu Bing is 14/45= 1/10 from Liu Moucai+1/5 from Lu Mohuan+1/90 from Liu Mu’s subrogation inheritance).
Focus of controversy
1. As legal heirs, do children born in wedlock have the right to inherit the rights and interests of demolished houses left by their parents who have died for more than 20 years?
2. Has the right to request confirmation of this share exceeded the civil protection period of 20 years (limitation of action) and lost the right to win the lawsuit?
Referee result
Yuexiu Court’s judgment of first instance: It was confirmed that Liu Jia and Liu Bing’s compensation rights for the demolition and resettlement of the original house at No.18, No.1 Lane, Xiaobei Road, Guangzhou, were 14/45 each, and the other nine people each accounted for 1/30, 1/120 and 1/360.
Liu Yi filed an appeal, mainly because it has been more than 20 years since the death of Liu Moucai and Lu Mohuan and the date when Liu Jia and Liu Bing filed the lawsuit in this case. Liu Jia and Liu Bing’s rights have exceeded the longest protection period of civil rights, and Liu Jia and Liu Bing’s claims should be rejected.
The second instance judgment of Guangzhou Intermediate People’s Court: The appeal was dismissed and the original judgment was upheld.
Reason for adjudication
Guangzhou intermediate people’s court
Luo Yi, Foreign Commercial Court
“ limitation of action, also known as extinctive prescription, means that the obligee loses the right to ask the court to protect its effectiveness if he does not exercise his right of claim within a certain period of time. The purpose of the limitation of action system is to urge the obligee to exercise his rights in time, maintain the stability of the established legal order and solve the disputes between the parties in time. It is generally believed that the limitation of action applies to the right of claim for creditor’s rights, but not to the right of claim arising from property rights. "
The rights and interests of house demolition involved in the case are the inheritance of the decedent.At the time of the decedent’s death, Liu Bing and Liu Jia did not give up inheritance, and the rights and interests of compensation for house demolition and resettlement involved in the case were already in the common state of all decedents.In nature, the rights of Liu Jia and Liu Bing belong to the heirs based on inheriting real estate.Claim of real right . This case is a dispute in which the decedent claims the right to inherit the estate and claims to divide the estate. The division of common property should be referred to, and the provisions on the limitation of action are not applicable.
Disputes over the division of real estate rights and interests (housing demolition and resettlement compensation rights and interests belong to real estate rights and interests) are mostly caused by the limitation of action. In this regard, the Supreme People’s Court once again reiterated in Article 25 of the Minutes of the Eighth National Court Civil and Commercial Trial Work Conference (Civil Part): "After the death of the decedent, the estate was not divided, and the heirs did not give up inheritance. According to Article 25 of the Inheritance Law, it should be regarded as all accepted inheritance, and the inheritance belongs to all heirs; Disputes in which the parties claim the right to inherit and claim the division of the estate shall refer to the principle of division of common property, and the provisions on the limitation of action shall not apply. "
Normal chain connection
Civil Code of People’s Republic of China (PRC)
Article 188 The limitation of action for requesting protection of civil rights from a people’s court shall be three years. Where there are other provisions in the law, such provisions shall prevail. The limitation period of action shall be counted from the day when the obligee knows or should know that the right has been damaged and the obligor. Where there are other provisions in the law, such provisions shall prevail. However, if more than 20 years have passed since the right was damaged, the people’s court will not protect it. Under special circumstances, the people’s court may decide to extend it according to the application of the obligee.
Guangzhou case no.113
Source | Guangzhou Intermediate People’s Court New Media Studio
Foreign-related commercial court
Correspondent | Luo Yi Wang Han
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