How to determine the legal rights of the elderly
According to the Constitution of the Constitution and the Law on the Protection of the Rights and Interests of the Elderly and other relevant laws, in addition to the equal rights of rights in politics, economy, culture, etc., in civil rights (such as personal property ownership, personal property dispositionPublic property rights, property inheritance rights and other property rights; life and health rights, personal liberty rights, name rights, reputation rights, copyrights and other personal rights), marriage and family (marriage autonomy, child support rights) and other aspects enjoy a wide range of rights.
When the legal rights are violated, there is a right to protection and legal protection can be requested.
銆€銆€If the lawful rights and interests of the elderly are infringed and they constitute a civil liability for the constituted act, they may file a lawsuit in the people’s court during the limitation period.
There are four conditions for civil liability that constitute a statutory act: First, the illegal act of conduct, which is the most important condition for civil liability, and the illegal act may be an illegal act or an act of inaction.
In real life, although some acts cause damage to a certain right, but do not violate the law, they do not bear civil liability.
銆€銆€The second is to damage the facts, which is the primary condition for civil liability.
Damage includes damage to property, material damage and damage to the person (mental damage).
If the perpetrator has committed an illegal act but has not harmed the facts, it does not constitute a civil liability.
銆€銆€The third is causality, which refers to the relationship between the cause and effect of the illegal act and the fact of the damage, that is, the occurrence of the damage result is due to the violation of the illegal act.
銆€銆€The fourth is subjective borrowing. The illegal act only bears civil liability when the subjective act is wrong at the time of implementing the illegal act.
The fault is divided into two states: intentionality and negligence. This difference is important in criminal law for conviction and sentencing. However, in civil law, the civil liability of the perpetrator is generally not determined by the intention or fault of the perpetrator.
Under normal circumstances, the civil liability must be the above four conditions, and they are indispensable.
銆€銆€In addition, the lawsuit must file a lawsuit with the people’s court within the statute of limitations prescribed by law, requesting the protection of civil rights.
The general rule of the National Law stipulates that the period of limitation for the protection of civil rights from the people’s court is two years. If the body is injured and claims compensation, the sale of unqualified merchandise declarations, delays or refusal to pay rent and storage of property are lost.In the case of a damaged case, the limitation period of the lawsuit is one year.
If the period of statute of limitations is exceeded, the people’s court shall not protect it.
The period of statute of limitations is counted from the time when the right or the right of the road is violated.