Case analysis: in civil litigation "close relatives"

 


China lawyers network
  

[case] a male and female marriage, for marriage ceremony at the local, but did not make the registration of marriage. After the second daughter died of the traffic accident, a filed an action for damages, the court shall not accept the case, how to do?

[answer] death in traffic accident in this case, the victim, the right to compensation for the close relatives of the dead. In the civil litigation refers to "close relatives" including spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren, Sun Zinv. And in this case, although a and B for the wedding ceremony, but not for marriage, not a legal relationship, is not subject to legal protection, that is not recognized by the law of "spouse", only by the other close relatives, parents, children, brothers and sisters, grandparents, and Sun Zinv, grandparents, grandchildren as the right to compensation for damages litigation.

[analysis] we said above is a civil case refers to "close relatives" including spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren, Sun Zinv. In practice, should also pay attention to the administrative litigation, criminal litigation in the "close relatives" provisions. Administrative litigation and civil litigation is the same, "close relatives" including spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren, Sun Zinv. Criminal litigation refers to "close relatives" is different from the civil and administrative litigation, including spouses, parents, children only, brothers and sisters