people Lu Bu , red rabbit in horse, Fang Tian painted halberd, and specializes in stabbing the father. It was not uncommon for worshiping an adopted father and adopting an adopted son in ancient times. Recently, the actor who played the old version of the Romance of the Three Kingdoms of Guan Er and Zhang San passed away one after another, so he revisited the old version of the Romance of the Three Kingdoms. He couldn't help but think about how to determine this adoption relationship in modern society?
Civil Code , adoption refers to the legal act of a natural person adopting another person's children for his or her own children and creating a parent-child relationship with blood relatives in accordance with the law. The adoption relationship created based on the legal act of adopting identity is the parent-child relationship of blood relatives, and is the identity legal relationship that occurs based on the legal effect of the adoption act. This parent-child relationship that is made of blood relatives has the same content as that of natural blood relatives.
Lu and Huang gave birth to three daughters after marriage, but they had no son. Lu was old and was powerless, so he signed a "adoption document" to adopt his brother's son Lu Jia. After Lu's death, Lu Jia lived with Huang. Lu Jia filed a lawsuit with the court to confirm that the adoption relationship between Lu Jia and Huang was established. The court held that when the "adoption adoption document" was formed, Lu Jia was already an adult, and Lu and Huang had three daughters, which did not comply with the adoption law, so the adoption behavior did not constitute a factual adoption relationship. Article 1093 of the Civil Code stipulates that the following minors can be adopted: (1) Orphans who have lost their parents; (2) Minors whose biological parents cannot be found; (3) Children whose biological parents have special difficulties and are unable to raise them.
The focus of this case is whether Lu Jia meets the conditions for the adoptee. Lu Jia was already an adult when he was adopted, not a minor, and he did not lose his parents or could not find his biological parents, nor did he have special difficulties in raising Lu Jia. His biological parents Lu Mou 1 and Zhang Yi adopted Lu Jia to Lu Mou and Huang just to inherit the surname and pass on the family line. Therefore, Lu Mou is not a qualified adopter, and there is no adoption relationship between Huang Mou and Lu Jia.
It can be seen from this that if Lu Bu was adopted in modern times, it would be impossible to form a legal relationship for adoption.
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