Civil Code: Inheritance - General Rules

Civil Code: Inheritance - General Rules
(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the authors.)

TITLE SIX INHERITANCE

Chapter I General Rules
 
Article 1119 This TITLE SIX regulates the civil relations arising from or relating to inheritance.

Article 1120 The State shall protect the right to inheritance of natural persons.

Article 1121 An inheritance shall be opened at the decedent's death.
Where two or more persons entitled to inherit from each other die in the same event or accident and it is difficult to determine the sequence of their deaths, it shall be construed that the person without any other heir dies first. Where they both or all have other heirs, it shall be construed that any of them who is of a higher generation dies earlier than any other who is of a lower generation if they are of different generations, or that they die concurrently if they are of the same generation, in which case no inheritance shall occur from each other.

Article 1122 Estate means the legal personal property of a deceased natural person.
An estate shall not be inherited if it may not be inherited according to law or based on its nature.

Article 1123 After its opening, the inheritance shall follow the provisions applicable to intestate inheritance, or the provisions applicable to testamentary inheritance or bequest if the decedent dies with a will, or the provisions applicable to legacy-support agreement, if any.

Article 1124 After the opening of inheritance, any heir who disclaims their inheritance shall file a written disclaimer, and their failure to do so shall be deemed their acceptance of the inheritance.
Within 60 days upon becoming aware of the bequest of a legacy, the legatee shall manifest an acceptance or a disclaimer of the bequest, and their failure to do so shall be deemed their disclaimer of the bequest.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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We are a group of China local lawyers from a few law firms
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