1. Naming their daughter "Nanyan Linyi" by Lu and Zhang does not comply with the legal provisions of the right of name.
According to Article 22 of the "Marriage Law of the People's Republic of China", children can take their father's surname or their mother's surname.
According to Article 143 of the "General Principles of the People's Republic of China and Civil Law", civil legal acts that meet the following conditions are valid: (1) The actor has corresponding civil acts Ability; (2) The expression of intention is true; (3) It does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
Lu and Zhang named their daughter Nanyan Linyi, which neither follows the father’s nor the mother’s surname, and the name is not conducive to the management of administrative agencies and does not comply with existing public order and good customs , therefore the naming of Lv and Zhang does not comply with relevant legal provisions.
2. Lv’s application for household registration for his daughter at Police Station A does not constitute a civil legal relationship.
Civil legal relationships are personal or property relationships formed between equal subjects. Lv is a natural person and Police Station A is an administrative agency. The two are subordinate to the relationship between management and managed , the act of household registration should be an administrative legal relationship.
3. Regarding the decision of Police Station A to refuse household registration, Lv and Zhang can file an administrative reconsideration or file an administrative lawsuit.
Police Station A is an administrative agency. Lv and Zhang’s application for household registration is an administrative counterpart. If the administrative counterpart is dissatisfied with the administrative action of the administrative agency, he or she can file an administrative reconsideration or file an administrative lawsuit. litigation.
4. There are two opinions on the agreement between the two people on the "empty bed fee":
1. The agreement formed For civil legal relations, according to Article 143 of the General Principles of the Civil Law, Lv and Zhang are persons with full capacity for civil conduct. The window fee is their true expression of intention. This behavior does not violate relevant laws and public order and good customs, so the agreement falls under civil law. relation.
2. This agreement cannot form a civil legal relationship, because the agreement on the empty bed fee is a tongue-in-cheek act of faithful marriage between the two parties and is not the true expression of intention of both parties. The act does not constitute a civil legal relationship. legal act.
5. Lv’s behavior of not returning home at night violated the obligation of mutual loyalty between spouses.
Husband and wife have the obligation to be loyal to each other. Lv’s staying out at night violated the husband and wife’s obligation to be loyal to their spouse. Our country implements the “monogamy” system. Lv’s behavior It does not comply with the good customs of our country.
7. The court where Lu is located.
8. If divorce damages were not claimed in the first instance, but are raised in the second instance, the second instance court should conduct mediation. If mediation fails, a separate lawsuit will be filed.