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November 9, 2010, under the Nanjing Ocean Shipping Co., Ltd. Panamanian cargo ship "diamonds far south" sank in the waters of Okinawa. 25 crew members were rescued but three people, two people were killed, the remaining 20 per person reported missing, including two Tianyong Tao. A month later, his wife, Edward Lam Mei left a suicide note,xwYDfmxGAY, jump from the 14th floor. However, ten days after the death of Edward Lam Mei, both parents suddenly court.
It turned out that after Tianyong Tao missing, Nanjing Ocean Shipping Co. workers killed reference standard, one-time compensation to the families of 57 million yuan. Edward Lam Mei's parents hope, for which the share belonging to the daughter of segmentation. Proceedings, Tianyong Tao "disappeared" embarrassing identity, let cases fall in love with France's Dilemma.
□ Express correspondent correspondent horse Lele Huamin
Black recalls
"Far South Diamond" sank
Two into the missing list
Last November 9, Black Tuesday. At that time, the total length of 189.99 meters, 32.26 meters wide, 18 meters high, "diamonds far south" are loaded with 57,000 tons of nickel ore, sailed from the port of Lianyungang in Indonesia. This is the age of the ship Nanjing Ocean fleet in the latest, greatest dwt vessels operating just over a year.
Afterwards rescued three crew members, to the media describes that terrible night: day's sailing is not smooth, 11:00 hull tilt. Board leadership judgment, the ore may be a "free surface" is the liquid portion of the ore in contact with air, because the ore sink, water appeared in the upper part. Water was eventually discharged into the bilge water wells, in the evening, the ship returned to normal.
19:30 or so, the hull slight swing, after been to the right, the same as the waves hit and never back positive. Cabin equipment no alarm, but the magnitude of the ship rightist growing. Suddenly, the entire hull is the right side. 20:15, the captain gave the order to abandon ship, a lot of people a chance to wear a life jacket, he was thrown into the icy sea.
This from shipwreck, resulting in two deaths and 20 missing, only three survived. At that time, people in Nanjing ocean, said 25 crew members and 20 people in Jiangsu membership.
It is understood that after the incident, oil became a lucky few of the "lifejacket", those sweating face was sunken oil wrapped people, the equivalent of wearing a waterproof warm clothing, so they would not lose consciousness due to hypothermia . However, in these two Tianyong Tao is not lucky in being included in the list of missing persons.
Tragedy continues
A month after his disappearance, his wife followed the "go"
Last November 11, the wife of Edward Lam Mei heard the news, and his family went to Nanjing Ocean Shipping Company, they did not like good news.
Edward Lam Mei Nanjing a hospital nurse, two were junior high school students, may love but was Lin Fu opposition. Originally, the father of two junior high school students also, Lin Fu impression on the field has been very good parent. Until a year and a half later, in the efforts of Edward Lam Mei and her mother, my father promised to see .
"Uncle Do not worry, I not only want to be happy Xiaomei later date, I would also be happy to let you." During the evening, then Tianyong Tao Lin Fu was impressed. Lin Fu said that after the tragedy, more than once dreamed Tianyong Tao carrying liquor view themselves.
After graduating from secondary school, LIN Yi Mei became a nurse, a university graduate also started the day voyage. February 2009, the two took out a marriage license, they loan to buy a set of more than 80 square meters of new houses. After decorating, Tianyong Tao has been promoted to second officer on board stay a full year can be promoted to the first mate. They decided that when the first mate and other Tianyong Tao formal wedding before, I did not expect a long wait but it is a tragedy.
The next day, Edward Lam Mei more than once thought about suicide. Edward Lam Mei's mother said she glued to keep her daughter in the hotel 21 days, and only then her life is spared.
Last December 1, LIN Yi Mei and grandfathers and grandmothers together and Nanjing Ocean Shipping Co., Ltd. reached a settlement agreement: Tianyong Tao workers killed reference treatment, family-time access to a variety of compensation 57 million yuan, if Tianyong Tao future miraculously survived, the money will be refunded to Nanjing Ocean Shipping Company. The next day, Edward Lam Mei phoned his father said the family raised chickens to eat, his father quickly kill three chicken, eggs and installed some grass to the daughter. I did not expect to see this is farewell.
Although deep down, still holding her husband Edward Lam Mei hope of survival, but as time goes by, this hope is slowly killing. To distract, LIN Yi Mei went to the hospital to work. But one day, when colleagues opened the office door, but found himself in Edward Lam Mei injected air. After the rescue, she did not commit suicide percent. December 9, is Tianyong Tao accident one month of the day. On this night, Edward Lam Mei parents and in-laws after each left a suicide note, jump from the 14th floor.
Her suicide note
I want to find him
After all the time to spend
Parents: Please forgive her daughter's filial daughter biggest lucky in this life is met Tianyong Tao, he never gave me a sense of security and happiness. If you can choose, I would prefer a man that I started to walk.
Since these days I never thought I would live, I want to find him, to spend all the time and his future. If a miracle happened to him, he survived in one of the island, even out of their wits, and I want to send him back. He said that if one day I die first, he never alleys, I was the same, never knew love could be so heartbreaking.
In this suicide note, LIN Yi Mei also exhortations that if within a year did not come back, put the house sold. She also asked parents, we must live well. In his testament, LIN Yi Mei will be the distribution of property, more than 10 yuan deposits parents left the house to grandfathers and grandmothers.
Daughter passed away 10 days, parents sued the relatives
Edward Lam Mei's sentimentalism, not the end of it from the comic tragedy.
People did not expect was that Edward Lam Mei died just over ten days, her parents because of the division of compensation and will parents reported on the court.
Edward Lam Mei's parents believe that relatives should be responsible for her daughter's death, "We looked at a whole 21 days did not hurt her in a hotel, why give them less than one week on the accident?"
Although Edward Lam Mei did not mention grandfathers and grandmothers in front of their parents are not, but the parents thought that she did not get along with in-laws well.
Edward Lam Mei's parents also said Tianyong Tao referring to 570,000 yuan compensation deal to get workers killed, has been led by Tian parent, the compensation share belonging to Edward Lam Mei has not been paid. They asked parents, pay compensation daughter deserved more than 190,000 yuan.
Tian family believes LIN Yi Mei parents move is to ask for money. In this regard, Edward Lam Mei's parents said they were just to give her a say. Although Edward Lam Mei has been assigned the property, but more than 10 million is the daughter of the original property, not from the compensation comes in the division. Calculated according to Lin family, 570,000 yuan should be shared by the daughter and parents, and now her daughter is gone,scarpe hogan saldi, they have the right to return to belong to her daughter that more than 190,000 yuan.
On the afternoon of March 10 this year, Nanjing Liuhe District Court hearing the case. However, since Tianyong Tao "missing" special status,u6JGCQvO3A, the court case to also confused. For this reason, the Court specifically invited experts to discuss law. At the seminar, several legal experts express the views of Jiangsu Province, and their views are not the same.
One view was that Tianyong Tao did not confirm the death, according to the agreement, if he survived, Nanjing Ocean Shipping Company is entitled to demand the return of these 57 million, Tianyong Tao's parents and Edward Lam Mei just made it 570,000 yuan tenure, but not obtain ownership, the money can not come to split.
Another contrary view is that the money can be split,LBidFxOgvn, because the families of the mediation agreement signed with the ocean has taken effect, the two sides have also been fulfilled, LIN Yi Mei, who has acquired ownership of 570,000 yuan.
Views clash again
If you can split
What have several parties to attend
If the money can be split, then LIN Yi Mei's share in the end that by a few Fang Jicheng?
"Jurisprudence faction" that, although Tianyong Tao workers killed in accordance with the standard of compensation, but this does not mean that he has died of natural causes or is declared dead, not directly lead to the loss of his wife Tianyong Tao share of inheritance. But in practice, he was unable to attend due to inherited litigation missing, but you can specify an agent or retain share, exactly how should carefully consider.
"Reasonable allocation" is that the mediation agreement has been assumed that the fact of death , the Ocean Shipping Company is based on the fishes Edward Lam Mei et al compensation, which has ruled out compensation get this right. If he again involved in inheritance, compensation for the ultimate cause of his death has returned to his hands, which is obviously not true.
Experts say
Why can not
Declaration of his death
Proceedings, Tianyong Tao "missing" status allows the case embarrassing situation into a dilemma in the law: to love, he should not be involved in his wife inherited the estate, because the money this is the wife inherited his legacy; available at law, he is not dead, is still right to inheritance.
Is this case a non-playing is not it? Some people, after hearing the bizarre case, doubts: it was missing a long time, it can be identified as dead. If Tianyong Tao delay can not come back, it will naturally be identified as dead, then this lawsuit in the "gotcha" will all be solved.
At first glance, this argument is quite reasonable. Because if Tianyong Tao of death was identified, then this 570,000 compensation can be seen as his legacy, by Edward Lam Mei and Tianyong Tao's parents to inherit. In the case of the unfortunate death of Edward Lam Mei, which belonged to her part, naturally inherited by their parents.
However, carefully looking through the law, is not such a thing. "Civil Law" Article 23: Citizens of the following circumstances, an interested person may apply to the people's court for a declaration of his death: whereabouts unknown for four years; accident unaccounted for since the date of the accident for two years.
Among accordance with this law, Tianyong Tao encountered "shipwreck" belongs to an accident, then the expiration of two years from the date of the accident, it can be identified as dead. But the question is, according to our laws, declared dead after disappearance is required to apply, and the person making the application should be interested.
Nanjing University of Civil Law Professor Qiu Feng said Heron, the so-called interested parties, refers to spouses, parents and adult children. "This is among the order can not be wrong, that the spouse of the applicant is ranked first, second parent, the third adult children." Because after Tianyong Tao disappearance, his wife soon sentimentalism, he has no children, then qualify for a declaration of his death, only his parents. But Tian's parents are still unable to accept his son "disappeared" in fact, unwilling to apply his son died. Thus, as long as parents do not apply , has been the identity of the missing. Edward Lam Mei for parents who expect the "declared dead" This road to litigate the road, naturally being blocked.
This afternoon, Liuhe District Court hearing the case will be open again, this case perhaps confusing since it will have a result today. (Department of text characters pseudonym)
Express reporter Ma Lele |
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