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No. 9 of the First Group of Thirteen Model Cases on the People's Courts' Implementation of the Civil Code Published by the Supreme People's Court: Case of Ou A Shi's application for designation of an estate administrator

最高人民法院发布13件人民法院贯彻实施民法典典型案例(第一批)之九:***申请指定遗产管理人案

  • Instrument Type: Judgment
  • Procedural Status: Special Procedure
  • Date Issued:02-25-2022
  • No. 9 of the First Group of Thirteen Model Cases on the People's Courts' Implementation of the Civil Code Published by the Supreme People's Court: Case of Ou A Shi's application for designation of an estate administrator
  • 最高人民法院发布13件人民法院贯彻实施民法典典型案例(第一批)之九:***申请指定遗产管理人案
  • 1. Significance
  • (一)典型意义
  • It is difficult to partition and quiet title to overseas Chinese-related properties in the hometowns of overseas Chinese because of the age or successors' residing overseas. There is an awkward situation that the responsibility for administration and maintenance has long been neglected or in dispute. Many historical buildings are thus bedraggled. In this case, the trial court skillfully used the legal system for estate administrators newly established by the Civil Code, creatively introduced the method of bidding for the property administration and maintenance plan among ascertainable successors, appointed part of successors who had the capability of administration and maintenance of properties as the estate to serve as administrator of the property as the estate, properly solved the problem in the administration and maintenance of the ancestral property of overseas Chinese. This practice fully demonstrated the Civil Code's value orientation – putting people first and making the best use of things, and blazed a trail for the judicial protection of historical buildings in the hometowns of overseas Chinese.
  • 侨乡涉侨房产因年代久远、继承人散落海外往往析产确权困难,存在管养维护责任长期处于搁置或争议状态的窘境,不少历史风貌建筑因此而残破贬损。本案中,审理法院巧用民法典新创设的遗产管理人法律制度,创造性地在可查明的继承人中引入管养房屋方案“竞标”方式,让具有管养维护遗产房屋优势条件的部分继承人担任侨房遗产管理人,妥善解决了涉侨祖宅的管养维护问题,充分彰显了民法典以人为本、物尽其用的价值追求,为侨乡历史建筑的司法保护开创了一条全新路径。
  • 2. Basic facts
  • (二)基本案情
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