从本案看如何行使对胎儿预留权保护（How to exercise the right protection of the fetus from the reservation）.docVIP

从本案看如何行使对胎儿预留权保护（How to exercise the right protection of the fetus from the reservation） How to exercise the reserve right protection for fetus in this case Author: Zhu Lilong release time: 2011-04-12 10:52:42 [case] 13 May 17, 2008 05, the driver high Moumou driving a KIA car, from a district to the city along the S328 line traveling from north to south to an intersection, two motorcycles collided with Moumou driving, causing Moumou and Moumou, Sohn passengers injured, Moumou after rescue invalid death at this time, suns wife has been pregnant for four months. The accident by a District Public Security Bureau Traffic Patrol Police Brigade traffic accident liability finds that the high responsibility for this accident is too high, the main responsibility for the accident, Zhang Mou, the secondary responsibility of the accident, the others are not responsible. Gao Moumou was sentenced to 1 years in prison for committing a traffic accident. On issues related to compensation, after unsuccessful negotiations, the victims of the statutory successors first in order to court, demanding compensation Moumou death compensation, dependents living expenses, which is raising living expenses fee includes Moumou wife is four months pregnant fetal alimony. [Focus] In the case, the third party liability limit is 200 thousand yuan, taking into account the accident, the victim Moumous wife has been pregnant for four months, whether the fetus should be set aside a certain amount of alimony? If the reservation, the judgment of how to express the text? [comment] I. The exercise of fetus reserve rights Article twenty-eighth of the law of succession of the Peoples Republic of China stipulates that when the estate is divided, the share of the fetuss inheritance shall be kept, and the fetus shall be dead at the time of birth, and the reserved shares shall be handled in accordance with the statutory succession. Jiangsu Provincial Higher Peoples court summary in 2001 the provinces civil trial