Zea31085
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Posted: Fri 4:59, 18 Mar 2011 Post subject: Cemetery ashes were washed away parts of the tomb |
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during the Spring Festival, people have to worship the tomb of the dead relatives and friends. However, the Spring Festival for 4 years, Mr. Zhao Lao old mother can not find a place to worship, which he and his family is very sad.
old, 4 years ago, a mountain torrent washed away the ashes of his old mother grave, he will Cemetery side this court claim moral damages. Cemetery south side district court verdict Disclaimer. Mr. Zhao Lao this appeal to the Fifth Municipal Court, court of second instance is not yet.
large flash floods washed away Cemetery ashes
2007 年 7 17, rare heavy rain hit the city, 70-year-old Mr. Zhao Lao is one of the victims. He said his mother Ann in 2005 buried in the south zone Lotus Cemetery, July 17, 2007 Day, flash floods washed away not only the mother grave, even with the missing urns and ashes. Is a white marble urn manufacturer, had his brother spent traveling in Yunnan repurchased more than 10,000 yuan.
Yao Ming is to open this storm victims. He said parents are buried in the Lotus twin graves cemetery, the ashes of the old as the two disappeared. He understood that flow down the mountain torrent rushed from the cemetery area,[link widoczny dla zalogowanych], was destroyed along with a number of graves, but later the family court's only seven or eight.
7 家 claim the spirit of loved ones lost tomb
Cemetery by flash floods washed away, the : The first group to build a granite memorial tomb,[link widoczny dla zalogowanych], giving the reason and the construction of the tomb of the names into the tomb, the tomb as a memorial to the unity of those tomb; Second, in the original Muqu build a remains buried in the tomb of the deceased as a memorial to.
Mr. Zhao Lao said, because they are 7 family members in consultation with the cemetery has not been a good party, in June 2009, she looks to more than 2 years statute of limitations, and they then commissioned the work of Chongqing with a law firm lawyers for their agent case.
Yao Ming opened, said that his parents could not explain to the dead, washed away the ashes after his year in silence in the heart of mourning.
Mr. Zhao Lao and other attorney employed by said family members a total of 7 7 tomb was destroyed, one of which is a double tomb tomb. Because there is no ashes, the spirit of their loved ones is hard hit, so put forward the spirit of losses. Tomb of the six single claim for loss of the spirit of their family as the unit proposed by the 3 million each. Another double tomb, the spirit of their loved ones made 5 million compensation. 7 cases the amount of the spirit of losses of 23 million.
Mr. Zhao Lao said that he received in November 2010 verdict, and then on appeal, is awaiting the second instance court.
identified the first instance of force majeure
Court of First Instance that, according to news reports at the time that the intensity of heavy rains to most of Chongqing a 115 years, causing floods on the objective. For the day of the flood, although the initial prediction of the meteorological department, but not the same as Lotus Cemetery grave to be destroyed could have foreseen. Meanwhile, Lotus is also evidence confirmed Cemetery cemetery built flood control measures such as flood discharge ditch, but failed to prevent disaster.
Therefore, the flood damage caused by unforeseeable, unavoidable and can not overcome the objective situation, comes as force majeure. Lotus should not bear responsibility for this cemetery.
whether natural or man-made
Mr. Zhao Lao said, That is the ability to anticipate flood disasters can be avoided, can be overcome. Cemetery in the building when there is poor design, poor management, not on the drainage design and construction of slope protection. Usually through a simple drainage ditch drainage. Because flash floods washed away large drain, affecting 11 districts and 10 areas part of the tomb. These are predictable and not being able to do so, to avoid without avoiding the.
but Cemetery attorney come up with a geological side note, said a survey conducted by qualified analysis of geology and mineral resources, natural disasters, this disaster, caused by continuous heavy rain rare. He also took out the newspaper and government websites news that this 115 year frequency flood, flash floods washed away from the cemetery above the grave state-owned forest land. All these show that this was a force majeure, natural disasters, and the cemetery party.
ashes missing court Panpei 1 million
2004 年 3 months, the citizens of Guangzhou, Guangzhou Wong Kam Cheung Yu De Tang Paradise to the purchase of two fu-bit. King family to pay respects to ancestors graveyard, found the urns and ashes of my late father was gone. The next day, the cemetery has not sold side blessing in a bit written on Wang Fu was found in the name of urns. Wong Kam Cheung that, despite my late father's urns have been recovered, but not sure the cup is my late father's ashes,[link widoczny dla zalogowanych], then 10 million claim for mental damages. Court taking into account the memory of the ashes of their ancestors lost the need for lead plaintiffs are not met, causing mental distress to the plaintiff and the injury, then in September 2007 sentenced the defendant to the plaintiff 10,000 yuan in emotional damages.
Cemetery life of up to 20 years
lawyers members of the newspaper press, Chongqing, Gee Tung Hao Chen said the law firm, according to the State Council, Funeral Management Regulations The whole of society is a public cemetery provides burial or interment of the remains, placed the ashes,[link widoczny dla zalogowanych], the implementation of paid services in the public cemetery. Nonprofit cemetery is available for the local villagers buried the bodies and buried the ashes placed in the service of public cemetery, not external sales.
regardless of the nature of the cemetery, cemetery grave spaces are strictly limited area and age. Bury the ashes of the single, double and joint burial area of not more than 1 square meter single buried the remains of the tomb covers an area of not more than 4 square meters, double joint burial shall not exceed 6 square meters. Tomb bit (Gewei) use for a period not more than two years. Overdue, the tomb should be re-complete the formalities.
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