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                      Law of succession of the people's Republic of China
              (by April 10, 1985 sixth session of the National People's Congress Third Conference)
                      

                                      Catalog

Chapter I General Provisions

The second chapter of statutory succession

The third chapter testamentary succession and legacy

Fourth chapter Heritage

The fifth chapter supplementary provisions



Used


                                  Chapter I General Provisions

    Article 1 according to the "Regulations of the people's Republic of China Constitution", in order to protect the right of citizens to inherit private property, the enactment of this law.
    The second succession begins at the death of a citizen.
    The third heritage is legitimate personal wealth citizen's death, including:
    (a) the income of citizens;
    (two) citizens housing, savings and articles of everyday use;
    (three) his forest trees, livestock and poultry;
    (four) civil cultural relics, books;
    (five) the law allows citizens of all means of production;
    (six) the citizens of copyright, patent right of property rights;
    (seven) other lawful property.
    Fourth individual contractor due to personal income, inheritance according to the provisions of this law. The contractor, in accordance with the law to allow the heir to continue the contract
The, shall be handled in accordance with the contract.
    Fifth after the opening of succession, dealt with in accordance with statutory succession; have testamentary testamentary succession or legacy, in accordance with the handle; a legacy support agreement,
Deal with according to the agreement.
    The right of inheritance, bequest of sixth rights of a person without capacity, by his legal agent to exercise.
    The right of inheritance, right by the legacy of a person with limited capacity, by his legal agent to exercise, or with the consent of the statutory agent to exercise.
    Article seventh the heir to one of the following acts, loss of inheritance:
    (a) intentional killing of the decedent;
    (two) for the heritage and killing other heirs;
    (three) abandoned inherited, or abuse the decedent serious;
    (four) forgery, tampering with or destroying the will, if the circumstances are serious.
    Proceedings of eighth disputes over the right to inheritance for a period of two years, since the heir knows or should know their rights are calculated from the date of. But
Is more than twenty years, since the date of the succession, no longer a lawsuit.


                                  The second chapter of statutory succession

    Article ninth the right of inheritance and the equality of men and women.
    Article tenth shall be inherited in the following order:
    The first order: spouse, children, parents.
    Second in order: brothers and sisters, grandparents, maternal grandparents.
    After the opening of succession, by the first order heir accedes, the second order of the successor does not inherit. No first order heir accedes, composed of second CIS
Ordinal heir.
    Referred to in this Law include legitimate children, children, children born out of wedlock, adopted children and stepchildren maintenance relation.
    The parents mentioned in this law, including the birth parents, adoptive parents and stepparents dependency relationship.
    Referred to in this Law include the brothers and sisters, brothers and sisters, half brothers and sisters, adopted brothers and sisters, have fu
The brothers and sisters have relations.
    Article eleventh the decedent's children before the death of the decedent, inherited by the heirs of the children of the direct lineal descendants of subrogation. The following
The people usually can only inherit his father or mother has the right to inherit the legacy of the share.
    Article twelfth the widowed daughter-in-law to the public, Po, widowed son-in-law of the father-in-law, mother-in-law, as a major maintenance obligations, as a first order heir.
    Article thirteenth the same share of inheritance in order shall, in general be equal.
    There are special difficulties of life lack the ability to work successor, at the time of distributing the estate, due consideration shall be given to.
    On the main successor to do his duty or live together with the heirs of the heirs, at the time of distributing the estate, can divide.
    Have the ability to support and maintenance conditions of the successor, not support obligation, at the time of distributing the estate, should not or less.
    Heirs consent, can also be unequal.
    Fourteenth rely on inheritance people outside the decedent who lack the ability to work nor has a source of income, or the successor outside
The heir support more people, can give them appropriate heritage.
    The fifteenth successor should be mutual understanding and mutual accommodation, and a spirit of solidarity, negotiation process inheritance. Time, and to split Heritage
Share, determined by the successor agreement. The consultation fails, the people's conciliation committee or a people's court.


                              The third chapter testamentary succession and legacy

    Article sixteenth citizens can according to the provisions of this Law of testamentary disposition of personal property, and can specify the executor.
    Wills citizens can assign the personal property inherited by one or more of the statutory successors.
    Wills citizens can will donate his personal property to the state, collective or legal heir.
    Article seventeenth a notarial will is one made by a testator through a notary agency.
    Since the book will by the testator in writing, signature, indicate the year, month, day.
    The testator shall be witnessed by two or more witnesses, by one of those scrivener, note next year, month, day, and by the Scrivener, other witness
And the testator.
    A will made in the form of a sound recording, there should be two or more witnesses.
    The testator in an emergency situation, you can set an oral will. Oral wills should have two or more witnesses. When the emergency situation,
A person is able to make a will in writing or in form of a sound recording, the establishment of an oral will is invalid.
    Article eighteenth the following personnel shall not act as a witness:
    (a) a person without capacity, limited capacity;
    (two) the heirs, legatee;
    (three) and the heirs, legatee interested person.
    To retain the necessary share of heritage should be nineteenth wills and there is no source of livelihood for lack of labor ability heir.
    Twentieth a testator may cancel, change their wills.
    Made several wills, content in conflict, the last one shall prevail.
    Since the book, scrivener, sound recording, oral wills, notarial will may not be revoked, change.
    There are obligations attached to twenty-first testamentary succession or legacy, the successor or legatee shall perform the obligations. No legitimate reason not to meet
Duty, request by the relevant units or individuals, the people's court to cancel his right to inheritance.
    Have set up twenty-second persons with no capacity or limited capacity of the will is invalid.
    Wills must express the real meaning of the testator, subject to coercion, deception Wills made void.
    Forged the will is invalid.
    The will has been tampered with, tamper with the contents of the invalid.


                                  Fourth chapter Heritage

    Twenty-third after the opening of succession, know the death heir shall promptly notify the other heirs and executors. Heir
No one knows the death or know of his death was not notified, by inheritance of life before the unit or the place of domicile residents
The committee, villagers' committee shall notify the.
    Twenty-fourth there's legacy, shall properly keep the heritage, no one is allowed to misappropriate or for.
    Twenty-fifth after the opening of succession, the successor who disclaims inheritance shall, before the disposition of the estate, make known his decision. No representation,
As an inheritance.
    A legatee should know two months after a legatee, to accept or give up expressed by the bequest. Maturity is not represented, as give up
Legacy.
    Twenty-sixth couples from marriage during the existence of the jointly owned property, except as agreed, if the division inheritance, shall
The first half of jointly owned property allotted to the spouses of all, for the rest of the decedent's estate.
    Heritage in joint property, division, you should tell the property of others.
    Article twenty-seventh in any of the following circumstances, the part of the estate shall be dealt with in accordance with statutory succession:
    (a) where a testamentary successor or legatee abandon abandon inheritance by bequest;
    (two) where a testamentary successor is disinherited;
    (three) testamentary heirs, legatee predeceases the testator;
    (four) part of the heritage of the will is invalid;
    (five) will not dispose of the heritage.
    The twenty-eighth division, should be retained fetal inheritance share. If the baby is stillborn, the share of reserves in accordance with statutory succession
Handle.
    Article twenty-ninth the division should be conducive to the production and living needs, does not diminish the usefulness of the estate.
    Should not be divided heritage, can take the discount, appropriate compensation or common method.
    Article thirtieth one party after the death of the other party remarried, have the right to dispose of the inherited property, no person shall interfere.
    Article thirty-first citizens and supporter of the legacy support agreement signed. According to the agreement, assumes the duty to support birth death duty, enjoy
A beneficiary rights.
    Citizens and collective organization the legacy support agreement signed. According to the agreement, organization under collective ownership to undertake the citizen born dead buried righteousness
Wu, in return for the right to legacy.
    Article thirty-second legatee inheritance, owned by the state; the deceased was a collective ownership of members of the organization, to return place
Organization under collective ownership of all.
    Article thirty-third the inheritance shall pay all taxes and debts decedent shall pay in accordance with the law, pay taxes and debts to his heritage
The actual value. More than real estate value part, the successor pays voluntarily the limit.
    Successor to the successor of the decedent according to law, shall pay the tax money and the debt can not lose the repayment responsibility.
    The thirty-fourth executive bequest shall not hamper the liquidation legatee shall pay taxes and debts according to law.


                                    The fifth chapter supplementary provisions

    Thirty-fifth of the people's congresses of the autonomous areas according to the principles of this law, combined with the specific conditions of the local nationalities property inheritance,
Formulate adaptive or supplementary provisions. The provisions of the autonomous region, reported to the Standing Committee of the National People's Congress for the record. Autonomous Prefecture, Autonomous County
Fixed, the Standing Committee of the people's Congress of the province or autonomous region for approval, and reported to the Standing Committee of the National People's Congress for the record.
    Thirty-sixth Chinese citizen inheritance in outside the people's Republic of China Heritage or inheritance of foreigners in the people's Republic of China
Estate, movable property shall be inherited legal domicile, immovable estate law of the location.
    China citizen foreigners within the territory of the people's Republic of China inherited the Heritage Inheritance in or outside the people's Republic of China Heritage, movable property shall
The inherited legal domicile, immovable estate law of the location.
    The people's Republic of China have the treaties, agreements with foreign orders, according to the treaty, agreement management.
    Article thirty-seventh this Law shall enter into force as of October 1, 1985.