Next, Fu Jeer, a Chongqing marriage and family lawyer, sorted out the relevant contents of the Marriage Inheritance Law, hoping to help everyone.
First, the definition of marriage inheritance law
Marriage and family inheritance law is an important part of civil law and social system under the socialist market economy system in China, and it is responsible for safeguarding people's personal rights and property rights. Brief introduction of the Law on Inheritance of Marriage and Family: As a law regulating the relationship between men and women and kinship, the Law on Marriage and Family is an important basic civil law that is universally implemented in all countries and governed by the state and the family, and it is also one of the laws with strong applicability in civil trial practice. Inheritance law is a civil law based on marriage and blood relationship and closely related to people's livelihood. Today, with the increasing material wealth in our country, its application is more and more extensive.
Second, the legal basis of the content of marriage inheritance law
According to the provisions of the inheritance law, the legal basis is Article 10 of the inheritance law.
Inheritance is carried out in the following order:
First order: spouse, children, parents.
The second order: brothers and sisters, grandparents, grandparents.
After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit. If there is no successor in the first order, it is inherited by the successor in the second order.
Children referred to in this Law include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency.
Parents referred to in this Law include biological parents, adoptive parents and step parents who have a dependency relationship.
Brothers and sisters referred to in this Law include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters and stepbrothers and sisters with dependent relationship.
Article 11
If the decedent's children died before the decedent, subrogation inheritance shall be the direct blood relative of the decedent's children. Generally speaking, subrogation inheritance people can only inherit the share of the inheritance that their father or mother has the right to inherit.
Article 12
Widowed daughter-in-law and widowed son-in-law who have fulfilled their main support obligations are the first heirs.
Article 13
Generally speaking, the share of heirs in the same order should be equal.
When distributing the inheritance, we should take care of the heirs who have special difficulties and lack the ability to work.
Heirs who have made major support obligations to the decedent or lived together with the decedent can get more points in the distribution of the estate.
If an heir who has the ability and conditions to support fails to perform the obligation of support, he shall not divide or divide the estate.
If the heirs agree through consultation, they may also be unequal.
Third, the content of marriage inheritance law
20 16
The Third Session of the Sixth National People's Congress passed the Law of Succession,
1985
year
10
moon
1
Will be implemented on the same day. The full text of the latest inheritance law includes when inheritance begins, what property the inheritance includes, the situation that the heir loses the inheritance right, the inheritance order of legal inheritance, the distribution of the inheritance, the way of making a will, the disposal of the inheritance and so on.
first
In order to protect citizens' right to inherit private property, this Law is formulated in accordance with the provisions of the Constitution of People's Republic of China (PRC).
second
Inheritance begins at the death of the deceased.
essay
Legacy is the personal legal property left by a citizen when he dies, including:
(
one
)
Citizen's income
(
two
)
Citizens' housing, savings and daily necessities
(
three
)
Citizens' trees, livestock and poultry
(
four
)
Citizens' cultural relics, books and materials
(
five
)
The law allows citizens to own the means of production.
(
six
)
Property rights in citizens' copyright and patent rights
(
seven
)
Other lawful property of citizens.
Article 4
Income from individual contracting shall be inherited in accordance with the provisions of this law. Individual contracting, if the successor is allowed to continue contracting according to law, shall be handled in accordance with the contract.
Article 5
After the beginning of inheritance, it shall be handled in accordance with legal inheritance.
If there is a will, it shall be inherited or bequeathed according to the will.
If there is a legacy support agreement, it shall be handled in accordance with the agreement.
Article 6
The right of inheritance and bequest of a person without capacity shall be exercised by his legal representative.
The right of inheritance and bequest of a person with limited capacity shall be exercised by his legal representative or with the consent of his legal representative.
Article 7
An heir who commits one of the following acts shall lose the right of inheritance:
(
one
)
Intentionally killing the dead
(
two
)
Kill other heirs in order to compete for inheritance.
(
three
)
Abandoning the decedent or seriously abusing the decedent.
(
four
)
Forging, tampering with or destroying a will, if the circumstances are serious.
Article 8
The time limit for bringing a lawsuit for disputes over inheritance rights is two years, counting from the day when the heir knows or should know that his rights have been infringed. However, if more than 20 years have passed since the beginning of the succession, no lawsuit may be brought.
Marriage inheritance law is the legal basis for solving a series of contradictions such as marriage inheritance and plays an extremely important role. Therefore, citizens should specifically understand the contents of the law of marriage succession and master the relevant contents of the law of marriage succession. The above contents are the knowledge about "What are the contents of marriage inheritance law" compiled by Fu Jeer, a Chongqing marriage and family lawyer. I hope it will be helpful to your work and study. If you have other related legal questions, please consult Fu Jeer, and he will give you the most professional answer.