The traditional Chinese society always has taboos for industry and division. Many people also think that their family is not big and their family is not large. What are the best plans? But in fact, there are not a small number of small and medium-sized enterprises in Taiwan. Some famous stores were just father and son at the beginning, but as the family broke out, once the founder passed away, the situations of disputes and trademarks would be difficult to see. If the planning is not done well, the family's hard-working business may even turn into outsiders' ……
Sister Lijuan never thought that she would fall into this field when she was 60 years old. When his son was still young, his ex-husband left. At that time, they jointly operated a Sichuan cuisine restaurant. After finally making some achievements, he actually fell in love with a young lady serving child. The two of them also took advantage of the lunch break and went to the appointment.
She remembered that one day after lunch, she couldn't help but follow her ex-husband. Seeing them walking into the restaurant with their hands, she was afraid that people would find it and rushed back to the store. When she was hiding in the warehouse waiting for the burning eyes, her 10-year-old son walked in and hugged her in secret and said, "Don't be afraid, mom, I will protect you!"
It was that moment that gave Lijuan's courage to divorce. She worked solely to run a restaurant after her ex-husband left. Her son has been using holidays to help since high school. He even thought about corporate management in college, hoping to take over after he was discharged from the army.
Retirement enjoys a happy life, and the death of the solo child is completely changed. After taking over, the son grew the small restaurant business and registered trademarks and brands. She saw that her son was very good at doing something and she was so happy that she retired from the scene. Naturally, she was under the name of her son. Anyway, she would have to leave him to her 30s. She didn't want her to fight again. She allowed her to pay 100,000 yuan in filial piety fees every month so that she could go there and enjoy a peaceful life. She didn't want to interfere with her little one's life. When her son got married, she bought a house for him and lived in the same community. The family kept interacting but still had their own space.
Friends all said that Sister Lijuan is so lucky. Her son is filial and her daughter-in-law is well-behaved. She has let her hug her after two years of marriage. But unexpectedly, one morning, my son encountered a deadly car on the expressway. When he arrived at the hospital, his body was already cold. Every day, he said it was chaos and darkness. She cheered up and wanted to manage the restaurant that had been closed for more than three months. She strengthened her 5-year-old Shaozi. But when she walked to the store, her wife's family actually pulled down the iron door to stop her from entering, saying that her wife inherited her son's property, including this store.
Famous store founders passed away, and it is common to fight for property and trade labels.
Traditional Chinese society always has taboos for industry and distribution. Many people also think that their family business is not big and their family business is not large. What are some good plans? But in fact, there are not a small number of small and medium-sized enterprises in Taiwan. Some famous stores were just father and son at first, but as the family broke out, once the founder passed away, the situations of disputes and trademarks were not seen.
The dispute over power like Sister Lijuan is a case. Although Sister Lijuan is the founder of the restaurant, she registered her son when she first established a company and applied for a trademark. Because the restaurant was not large at the beginning and there was no right to share the shares, the mother and son were simply accounted, and then some of the transactions were taken as a salesperson.
However, after the son passed away, because he had one son with his wife, the restaurant (share rights) and real estate under his name were inherited by Sister Lijuan's daughter-in-law and Sister Lijuan no longer had any right to take action. In other words, unless the daughter-in-law and mother-in-law share their relationship on the old day, Sister Lijuan will never get He Xiaoyi's fee again.
"This is too unfair!" Sister Lijuan wanted to sue and retrieve the restaurant shares and the real estate that was originally sent to her son under the name of "revoking the sale and ", but it is not easy to do so in practice …
According to Article 412, Article 1 of the Civil Law, "If the winner and the accompanying debt fail to fulfill his debt for the sake of payment, the winner and the winner may ask the winner to fulfill his debt, or withdraw the debt."
If the person who is given a favor has the following circumstances, the right to withdraw the sale can also be exercised:
1. For those who have intentional infringement of the person, their spouse, direct blood, third or second marriages, etc., there is a clear and clear statement according to the Criminal Law.
2. Those who have support and fail to fulfill their duties. The previous right to withdraw the market will be eliminated if it is known to others that there is a reason for the withdrawal. The same is true for those who have expressed their forgiveness to those who have received the honor.
In other words, Sister Lijuan won the house and her son 5 to 6 years ago, which exceeded one year's effect on the right to withdraw the market. Moreover, her son did not have any "intentional infringement" or "having support but failing to perform" during his lifetime. In the case of reason, there is no reason to withdraw the market and to withdraw the market.
Also stipulated in Article 1114 of the Civil Law, "If a husband and wife live with her parents, they will have the right to support each other." In the sentence, if the parents-in-law live with her daughter-in-law/in-law and son-in-law live with her son-in-law, they have the right to require the other party to support themselves; and the marriage relationship will not be eliminated due to the death of one of the husband and wife. Only when the divorce or the marriage relationship is withdrawn will the dispute be terminated..
Sister Lijuan can of course ask her daughter-in-law to fulfill her support duties, but she does not live with her daughter-in-law and has assets under her name. In addition, her underage is unable to bear the support duties, and there are brothers and sisters who can support her support duties, so her daughter-in-law does not commit crimes.
The wealth inheritance tools are diverse, and there are many "direct gifts" disputes
The permanent office of the innocence family and enterprise jointly hosted the lawyer Zheng Ceyun pointed out that in this case, the shareholding rights are inherited by the daughter-in-law and Suzi, and even if the grandma advocates that he is the brand founder and wants to withdraw the original shareholding rights, he still lacks the reason for "removing the market and refusal".
He has an example. If the first generation sends the property to the second generation, unless the second generation has "intentional infringement" with the person, if the unfilial son commits domestic violence against his parents and the crime of injury is established, the statutory revocation can be withdrawn; otherwise, if the general reward and if there is no right reason, it may be difficult to get it back.
"Who is the shareholding, it is the one who is; if you want to save it, you will be saved from the beginning!" Zheng Ceyun admitted that the company has no size and size. As long as there are people and property, you will encounter problems. He suggested that family businesses can be trusted by trust rather than direct rewards when they are inherited. "The shareholding rights are held by the trustee (son) and the beneficiary is a child (scholar). If this happens today, the shareholders may still be the amateur (custodian)."
If trust is adopted, the company has profits and can be allocated dividends, and the beneficiary is the daughter-in-law and the son, and can still be guaranteed. If the girl is worried that Seiko's property is spent by her daughter-in-law, she can even choose not to be distributed and keep the profit until it will be inherited by Seiko.
Zheng Ce said that even small and medium-sized enterprises should consider the management of shares and whether they will be transferred. "(Shares) are given through different ways, and eventually they will flow to him, but the control is thought through thinking."
In addition, many elders will give away houses when their daughters are newlywed, but once the winner is unfortunate and Seozi is still young, the child's rights may be damaged. In fact, parents can ask their daughter to establish trust in their favor and at the same time. If an unfortunate event occurs, the beneficiary will still be the spouse and son, but the trust property will be handed over to the grandpa and the grandpa. These have tools that can be planned and used in advance.
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