Inheritance cases aged

The statute of limitations for succession, refers to the successor within the statutory period does not exercise its right to request the people's court in accordance with the procedure to protect their rights. Legal protection of the right of inheritance is a certain time limit, to avoid long-term in a state of instability of inheritance, the infringed right of inheritance actually enjoy legal succession and inheritance of the people to exercise their rights. This period is called the period of limitation of action of inheritance. Heir only in the period of limitation of action to exercise their right of claim, the court to protect their rights. Otherwise, the people's court shall not be protected.

 

China's inheritance law the eighth regulation, the right of inheritance dispute proceedings for a period of 2 years, since the heir knows or should know their rights violated date. However, more than 20 years since the date of the succession, no longer a lawsuit. In addition, China's general principles of civil law and relevant judicial interpretation also stipulates the limitation proceedings suspension, interruption and extension. The provisions about the inheritance of limitation of action, should pay attention to the following questions:

 

1 inherits the period of limitation of action. Since the heir knows or should know the infringement of its rights within 2 years from the date of succession, people did not exercise their right, the people's court shall not to protect their rights. The so-called "knows or should know", refers to the objective situation can be concluded that the heir knows or can know their rights have been violated.

 

A limitation of action shall 2 inheritance law litigation and civil law is consistent, so the litigation right of inheritance protection, should also be in accordance with the provisions of the general principles of the civil law, applicable limitation of action, interrupt. According to the Supreme People's court "on the application of 'problems of inheritance law of the people's Republic' opinions" article fifteenth, article sixteenth, the provisions of article seventeenth, the period of limitation of action, due to irresistible causes induced successor cannot claim of inheritance rights, the people's court according to the suspension of prescription treatment. Heir in that their rights have been violated the date of 2 years, the inheritance disputes is to mediate people's Mediation Committee during the period of limitation of action, according to treatment. Heir for inheritance disputes filed a lawsuit to the people's court, the limitation of action for the interrupt. But in the general principles of the civil law came into effect, the statute of limitations for succession of suspension, interruption and extension, shall apply the relevant provisions of the general principles of the civil law. Therefore, on the basis of the general principles of the civil law, the last 6 months in the period of limitation of action, due to force majeure or other obstacles heirs can not exercise the right of request, litigation limitation suspension. Heir proposed protection request right of inheritance to the people's mediation committee or the relevant units shall, when self limitation interrupt request, rather than stop. It can prove that the heir to the infringement of its rights party claims rights, the limitation of action should also be interrupted. 3 from inheritance start date of eighteenth years to 20 years, inherited talent know their rights have been violated, and the right to bring a lawsuit, should play an 20 year in succession start date, more than 20 years, must not again to lodge a complaint. That is against the rights from the date of more than 20 years, the people's court shall not protect. However, there are special circumstances, the people's court may extend the limitation of action. Nature here 20 years period should be the same as during the 20 years of the properties of general principles of civil law in 137th, should be the longest period of inheritance protection. During this period does not belong to the limitation of action, also do not belong to the scheduled period. Because, in this period does not apply for suspension of action limitation, interruption of the provisions, the starting point for the infringement of the rights of the day, over this period, the parties shall file a suit again; and the petition for inheritance and does not belong to the right of formation, can not be suitable to the scheduled period.