The cemetery purchased for an old man in advance was sealed by his daughter-in-law with cement and the longevity name on the tombstone was erased. Can the old man ask for restoration to its original state? Can I claim compensation for mental damages?
html On December 20, a reporter from The Paper (www.thepaper.cn) learned from the Shanghai Pudong New Area People’s Court (hereinafter referred to as the Pudong New Area People’s Court) that the court recently heard such a case of infringement of graveyards and tombstones. In the end, the court ruled that the daughter-in-law should be restored to her original status and pay the elderly 5,000 yuan in consolation for mental damage.The court introduced that Mrs. Wang’s husband and eldest son died early. In order to allow Mrs. Wang to be buried with them a hundred years later, the younger son's family purchased a three-cavity cemetery. One of the holes was reserved for Mrs. Wang to be buried in the future, and her name was inscribed on the tombstone.
During the winter solstice one year, when Mrs. Wang was sweeping the tomb, she found that the vacant longevity cave had been sealed with cement, and the longevity name on the tombstone had also been erased. After verification with the cemetery management office, it was discovered that it was the younger daughter-in-law Hu who had made such a move.
It turns out that the two had a quarrel over the division of relocation benefits in their early years, and the younger daughter-in-law, who was complaining, chose to "take out her anger" in this way. After learning about this incident, Mrs. Wang was depressed, neglected food and food, and suffered serious mental injuries. She filed a lawsuit with the Pudong New Area People's Court.
The People's Court of Pudong New Area held after hearing that the activities of purchasing tombs and erecting monuments are folk customs that are in line with public order and good customs and should be protected by law. Because the tomb is a three-cavity cemetery, the text on the original tombstone clearly indicates that it is the cemetery where Mrs. Wang, her husband, and her eldest son are buried together. The user and purpose are specific and exclusive. Although Mrs. Wang is still alive, under normal circumstances This specificity cannot be changed at will. Hu's behavior has constituted an infringement on Mrs. Wang's right to use the cemetery. She should bear civil liability in accordance with the law and restore the disputed cemetery to its original state.
At the same time, the right to use the cemetery has a specific symbolic meaning of personality. Hu’s behavior clearly violated Mrs. Wang’s spiritual interests. Therefore, the People’s Court determined that he should compensate Mrs. Wang 5,000 yuan in compensation for mental damage. After the court's decision, neither party appealed, and the case is currently in effect.
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