People's Republic of Succession
Under the Inheritance at the death from the beginning.
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the specific content of Chapter I General Provisions Chapter II Statutory Succession Chapter III Testamentary Succession and Legacy Chapter IV Chapter V Supplementary Provisions dealing with the heritage of Library Information Library Catalogue Introduction Chapter I General Provisions Chapter II legal successor Chapter III Testamentary Succession and Legacy Chapter IV Chapter V Supplementary Provisions dealing with the heritage of the specific content of Appendix Chapter I General Provisions first under the The second death of Succession begins. Article legacy left by the death of a citizen's personal legal property, including: (a) his income; (b) his houses, savings and household items; (c) of forest trees, livestock and poultry; (d) of citizens books and library materials; (e) permitted by law, all citizens of production; (f) his copyright and patent property rights; (g) his other lawful property. The fourth individual contractor should have personal income, inheritance accordance with this Law. Individual contractors, according to the law to allow the heir to continue the contract, in accordance with the contract. Article V of succession, follow the statutory succession; a will, in accordance with testamentary succession or legacy for; have legacy support agreement, in accordance with protocol processing. Article incapacitated person's right of inheritance or legacy power exercised by his legal representative on his behalf. Limited capacity of the inheritance or legacy power exercised by his legal representative on behalf of, or obtain the consent of the exercise of his legal representative. Article heir of the following acts, loss of inheritance: (a) intentional killing of the decedent; (b) killing any other fighting over the estate of the decedent; (c) abandonment of the decedent, or serious abuse of the decedent; (d) falsifying, tampering with or destroying the will, the circumstances are serious. Article VIII inheritance disputes litigation period of two years, since the successor knows or should know their rights have been violated date. However, since the date of succession began more than two decades, no further proceedings. Article IX Chapter II Statutory Succession inheritance of gender equality. Article inherited estate in the following order: First order: spouse, children, parents. Second in order: brothers and sisters and grandparents. After the opening of succession, inherited by the successors first in order, and the second in order shall not inherit. The first in order shall not inherit the second in order shall inherit. Children mentioned in this Law include legitimate children, illegitimate children, adopted children and stepchildren dependent relationship. The parents mentioned in this Law, including biological parents, adoptive parents and stepparents dependency relationship. Brothers and sisters mentioned in this Law, including with parents, brothers, sisters, half brothers or half-sisters, adopted brothers and sisters, there are dependency relations following the brothers and sisters. Article XI of the decedent's children died before the decedent, the decedent's children, the direct lineal descendants inherit in subrogation. Subrogation generally can only inherit their father or mother is entitled to inherit the share of the estate. Article XII of widowed daughter of the public, woman, widowed son of the father, mother, to their parents, be regarded as successors first in order. Article XIII heir to inherit the same share of the order shall, in general equal. Have special difficulties in the heirs are unable to work, distribution of the estate, should be taken care of. Of the decedent to make a major support obligation, or living together with the heirs of the decedent, distributing the estate, can be a larger share. Have the ability to support and maintenance conditions of the heir, not the support obligation, the distribution of the estate, shall be given no points or less. Heirs consent, can also be unequal. Article XIV of the heirs of the decedent other than relying on the lack of maintenance work nor has a source of income, or the heirs of the decedent other than the more dependent people will be given their proper heritage. Article XV successor should, in the give and take, live in a spirit of solidarity, consultation dealing with the question of succession. Time for partitioning the estate and the shares by the successors through consultation. The negotiation fails, by the people's mediation committee for mediation or to the people's court proceedings. Chapter III Testamentary Succession and Legacy citizens in accordance with Article XVI of this Law wills dispose of the property, and may appoint the executor. Citizens making a will of personal property specified by the legal heir of the inheritance of a person or several persons. A citizen may make a will to donate his personal property state, collective, or persons other than the heir apparent. Article XVII notarial will made in the testator through a notary agency. Since the book wills by the testator s own handwriting and signature, indicate the year, month, day. Scrivener wills should have two or more witnesses testimony,
air force 1 high, from whom one writes, indicate the year, month, day, by the scrivener,
nike air force 1, other witnesses and the testator signed. To record the form of a will, there should be two or more witnesses testimony. Will people in an emergency situation, you can set an oral will. Oral wills should have two or more witnesses testimony. The lifting of emergency situation testator is able to form in writing or recording a will, and the establishment of an oral will is invalid. Article XVIII as a witness of the following persons: (a) no capacity or with limited capacity; (b) successors and legatees; (c) and the heirs, legatees interested person. Article XIX of the lack of a will should be a source of work nor the heirs to retain the necessary share of the estate. Diershitiao testator may revoke or alter his own Wills. Several wills, the content of conflict, the last one shall prevail. Since the book, writes the record, oral wills may not revoke or alter a notarial will. Twenty-one obligations attached to testamentary succession or legacy, the successor or legatee shall perform them. No justification for non-performance by the relevant organization or individual requests, the people's court to cancel his right to inheritance. Twenty-two persons with no capacity or limited capacity Wills made void. Wills must be said that the true meaning of the testator, by coercion, deception Wills made void. Forged wills shall be void. Will has been tampered with, shall be void. Chapter Twenty-three inherited the estate after the commencement of treatment, a successor of the death should promptly notify the other successors and the testamentary executor. No one knows the heir to heir death or the death of a successor who is not informed by the decedent during his lifetime unit or the place of his residence committees, village committees responsible for the notification. Twenty-four people there heritage, shall keep the estate, no one is allowed to misappropriate or contend. After the beginning of the twenty-five successor,
air force 1 shoes, successor who disclaims inheritance should be before the disposition of the estate, said to give up the inheritance. No, he is deemed accepted the inheritance. Legatee should, within two months after that legacy, to accept or disclaims that the absence of such, he is deemed to give up the legacy. Twenty-six couples in marriage during the existence of the proceeds of the jointly owned property, unless otherwise agreed upon outside the estate if the division should first half of jointly owned property allotted to the spouse of all the rest for the decedent's estate. Heritage in the family of the common property of the estate division, shall be ceded the property of others. Twenty-seventh, one of the following circumstances, the relevant part of the estate in accordance with statutory succession: (a) give up a testamentary successor or legatee inherits disclaims; (b) where a testamentary successor is disinherited; (c) of the Wills heir or legatee predeceases the testator; (d) where an invalidated portion of the estate involved; (e) where no disposition of the estate.第二 eighteen partitioning of the estate, the share of an unborn child should be retained. If the baby is stillborn, the share of reserves in accordance with statutory succession.第二 nineteen partitioning of the estate shall be conducive to production and livelihood, without prejudice to the usefulness of the estate. Should not split the estate, can take a discount, there were other methods appropriate compensation or treatment. The third ten spouses to remarry after the death of the other party is entitled to dispose of the property inherited by a person shall not interfere.第三十一条 citizen may enter into a legacy dependent maintenance agreement. Under the agreement, assumes the duty to support the obligations nourishes the dead buried, the right to enjoy the legacy. Citizen may enter into a legacy maintenance organization under collective ownership agreement. Under the agreement, assumes the obligations of citizenship gave birth to dead buried, the right to enjoy the legacy.第三 no successor and no one twelve legacy of heritage, owned by the state; the deceased is a member of an organization under collective ownership, where the collective organization owned by all.第三 thirteen inherited estate should be settled according to the law of the decedent's taxes and debts should be paid, pay taxes and debts to the actual value of his estate is limited. More than the actual value of some estate, unless the successor pays voluntarily. Successor who disclaims inheritance should be paid according to the law of the decedent's taxes and assume debt obligations. The implementation of Article thirty legacy bequeathed according to law shall be without prejudice settlement of taxes and debts should be paid. Chapter V Supplementary Provisions Article fifteen people's congresses of national autonomous areas according to the principles of this law, combined with the local national property inheritance, enact adaptive or supplementary provisions. Autonomous requirement of the National People's Congress for the record. Autonomous prefectures and autonomous counties and reported to the provincial or autonomous regional people enter into force after approval of the Standing Committee reported to the Standing Committee of National People's Congress for the record. Thirty-sixth in the People's Republic of Chinese citizens outside the inherited estate or the succession of foreigners in the PRC, heritage, movable property of the decedent domicile for legal, real estate location for the law. Foreigners in the PRC inherited the estate or succession in the People's Republic of Chinese citizens outside the estate, personal property laws apply to the domicile of the decedent, real estate location for the law. Republic of China and foreign countries, a treaty, agreement, according to the treaty shall apply. Thirty-seventh This Law shall October 1, 1985 shall come into force. Book Information
Title: The Law of Succession of the People's Republic: Law Press Center Press and regulations: Law Press Publication date: January 2009 ISBN: 9787503673528 Book Size: 16 Open Price: 7.00 yuan Introduction People's Republic of inheritance; wills notary rules; Supreme Court on implementation of the Book directory capacity or inheritance or legacy inherited the right to exercise the right of Article VII Article VIII limitation loss of Chapter II Statutory Succession Article IX Article X of gender equality and the scope of the order of succession heir to Article XI Article XII of subrogation widowed daughter,
nike air force one high, son's inheritance rights section thirteen estate allocation appropriate share in the inheritance rights of Article XIV Article XV succession solutions Chapter III Testamentary Succession and Legacy of Article XVI of the general provisions of the will and the legacy of Article XVII Article XVIII Will a witness in the form of special leave of Article XIX revocation of wills were provided Diershitiao change the obligations of the twenty-one with the will of the twenty-two wills invalid chapter twenty-three deal with the heritage of the notification of succession the custody of the twenty-four twenty-five estate inheritance and bequests accepted and determined to abandon the heritage of the twenty-six seventeen 第二 the scope of the legal successor of fetal reserved 第二 eighteen nineteen were 第二 rules and methods for partitioning the estate when the third ten inheritance remarriage right to dispose of legacy support agreement 第三 第三十一条 no inheritance twelve thirteen 第三 debts 第三 inheritance and a legacy of debt settlement fourteen Chapter V Supplementary Provisions Article fifteen modifications or ethnic autonomous areas Supplementary Provisions Article sixteen thirty-seventh International Succession Commencement Supreme Appendix wills notary rules implementing the identified as the Supreme People's Court civil division approved heritage LIU and alive on the blind engaged in Also according to analysis of production undivided Reply Supreme Court cases dealing with civil division on the Wangan Gui v. Sandra answered the phone fast succession of Supreme Court case on whether the insurance as the insured person's estate be approved by the Supreme Liu Shigeng v. City Zhao Zhuang Xiangdong East Village Silver dispute case Zhaozhuang Reply Supreme Court on the World Sun, Sun Shiming and Sun Hongwu, who inherited the Housing Court on appeals Reply repatriated from Hong Kong to the estate of the decedent Letter of the Supreme handling compensation for death crash can reply as a legacy of the Supreme People's Court civil division on heroes and Qinguo Yi Feng, Tan Guolun housing succession disputes appeals Reply Supreme Court on appeal Wang Yan and housing inheritance Reply Supreme Court civil division cases Zhaoyuan County land on who should inherit the legacy of Hsu's reply to Supreme Court on the telephone shortly after the land reform was adopted children can participate in separate pre-land reform approved by the Supreme People's ancestral heritage property on the minor dependent children,
nike air force one low, their adoptive mother in a foreign country back at the life after death, still have the right to inherit their father's legacy on the Supreme Court approved the housing estate by the parents, brothers and sisters in which one received a certificate of property rights and are deemed to have a result of a dispute should be approved by Supreme Court on how to deal with the legacy of Feng Steel hundred oil paintings how to deal with the civil division on the Supreme Court approved the registration of marriage without cohabitation as husband and wife after the death of one inherited his estate without the other the right answer on Supreme Court civil division can inherit the money monk Chun Bo Qian Ting legacy telephone answer the original SUN Zhao Xiang Supreme Court on how to confirm the purchase of real estate property and inheritance Supreme Court civil division approved real hair on the soup Lau v. the right to inherit the reply of the case of Wang Jingmin v. Supreme Court civil division on the succession of Junin sound housing reply Supreme Court on the case after the death of the decedent without heirs, who can share all share the legacy of the reply of the Supreme People's Heritage Court of Justice on the separation of analysis of production and then a will change the housing property, the Supreme Court approved the validity of the will of property owners on a will to dispose their assets to effectively dispose of the property of others partially invalid approval to the U.S. Supreme Court on Joan , Xiongwei Hao,
nike air force 1 high, Xiong Ping and An Idea, Zhang Xu, Zhang record, Feng Shuyi Executive wills agency to consult the case of contract disputes Reply Supreme Court on how to deal with the beneficiaries Reply heritage objects Supreme Jiang Xiurong v. Pengrun Ming, Qiu Le, Zhu Cuilian inherited debts approved by the case of disputes, a legacy protocol (style) ... ... More Atlas Atlas entry Open Category: Legal I'll improve the
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