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Article 31 of the Rural Land Contract Law stipulates that "the contractor shall inherit the contract income due to him in accordance with the provisions of the Inheritance Law." If the contractor of the forest land contract dies, his heirs may continue the contract during the contract period.
According to the above-mentioned provisions, the right to contract and manage rural land can be inherited.
The legal heirs of the contractor's father are his wife and daughter, and they can inherit the contractor's lawful property in accordance with the inheritance law, and the land contracting and management right is the contractor's legal property, so the contractor's wife and daughter can inherit the land contracting and management right in accordance with the law.
Article 26 of the Rural Land Contract Law stipulates that the contract-issuing party shall not take back the contracted land during the contract period. In the event of the death of the contractor, his heirs shall inherit the contractor in accordance with the provisions of the Inheritance Law.
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1. Yes. 2. According to the provisions of the Land Contract Law, the land contract right can be inherited. After the death of a land contractor, his heirs may inherit his land contracting rights. Therefore, his daughter is entitled to inherit his land contract rights.
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The village cannot be taken back.
In accordance with the provisions of the Land Law, the contract period remains unchanged for 30 years (it will be changed to a long-term term).
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Legal analysis: The ownership of land is collective, and farmers only have the right to use it, which belongs to the collective ownership of farmers, not individual property, and cannot be inherited. 1. Medical expenses:
Medical expenses are determined on the basis of the receipt vouchers for medical expenses, hospitalization fees, etc., issued by medical institutions, combined with relevant evidence such as medical records and diagnosis certificates. 2. Lost work pay: Lost work pay is determined according to the victim's lost time and income.
3. Nursing fee: The nursing fee is determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period. 4. Transportation expenses:
Transportation expenses are calculated based on the actual expenses incurred by the victim and his/her necessary escorts for medical treatment or transfer**. 5. Hospitalization meal subsidy: The hospitalization meal subsidy can be determined with reference to the business trip meal subsidy standard for general staff of local state organs.
6. Nutrition expenses: Nutrition expenses are determined according to the victim's disability with reference to the opinions of medical institutions. 7. Disability compensation:
Disability compensation is calculated for 20 years from the date of determination of disability on the basis of the degree of the victim's inability to work or the level of disability, and according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is 60 years old or older, the age is reduced by one year for each additional year and is over 15 years old, it is calculated as five years.
Legal basis: "Land Management Law of the People's Republic of China" Article 13 Cultivated land, forest land, grassland, and other land used for agriculture in accordance with the law that are sold by peasant collectives and owned by the state and used by peasant collectives in accordance with the law may be contracted by means of household contracting within rural collective economic organizations, and barren mountains, barren ditches, barren hills, barren beaches, etc., which are not suitable for household contracting, may be contracted by means of bidding, auction, public consultation, etc., to engage in planting, forestry, animal husbandry, and fishery production. The contract period is 30 years for cultivated land contracted by households, 30 to 50 years for grassland, and 30 to 70 years for forest land. After the expiration of the contract period for cultivated land, it shall be extended for another 30 years, and the contract period for grassland and forest land shall be extended accordingly in accordance with law after the expiration of the contract period.
Land owned by the state that is used for agriculture in accordance with the law may be contracted and operated by units or individuals engaged in planting, forestry, animal husbandry, and fishery production. The contract issuing party and the contracting party shall conclude a contract in accordance with law, stipulating the rights and obligations of both parties. Units and individuals contracted to operate land have the obligation to protect and rationally utilize the land in accordance with the purposes agreed in the contract.
This case mainly involves the following key issues: first, where should the contract be left if one of the parties to the contract dies, second, whether the rural land contract can be subcontracted and what conditions and regulations are required, and third, the ownership of the ancillary facilities on the land after the land contract. First, according to the legislative spirit of the Contract Law, if the legal heirs of one party deceased and the other party to the contract agree, the subject of the contract may be changed to continue to perform, and secondly, the rural land contract can be subcontracted, but it must be subcontracted within the scope specified in the original contract, and finally, the appurtenances on the land are only subcontracted together with the subject matter of the contract, that is, the use and transfer of its ownership has not changed.
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Legal basis: Civil Code of the People's Republic of China
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