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Rule of Law Class

New Highlights of the succession of the Civil Code

发布时间:2021-11-12 15:11:20

1、In the legal succession, the scope of subrogation is enlarged, and the children of the decedent’s brothers and sisters can subrogate

Article 1127

The estate of a decedent shall be succeeded in the following order:

(1) first in order: spouse, children, and parents;

(2) second in order: siblings, paternal grandparents, and maternal grandparents. When succession opens, the successor(s) first in order shall inherit to the

exclusion of the successor(s) second in order. The successor(s) second in order shall inherit the estate in default of any successor first in order. “Children” referred to in this Book include children born in or out of wedlock, and adopted children, as well as stepchildren who were raised up by the decedent. “Parents” referred to in this Book include natural parents and adoptive parents, as well as stepparents who raised up the decedent. “Siblings” referred to in this Book include siblings of whole blood and half blood, and adopted siblings, as well as stepsiblings who supported or were supported by the decedent.

 Article 1128

Where a decedent is predeceased by a child of his, the lineal descendants of the predeceased child shall inherit in subrogation. Where a decedent is predeceased by a sibling of his, the children of the predeceased sibling shall inherit in subrogation. Successors who inherit in subrogation generally may only take the share of the estate per stirpes.


2、The system of administrator shall be added to the part of disposal of the estate.

Article 1145

Upon opening of a succession, the executor of the will is the administrator of the estate; where no executor is designated in the will, the successors shall elect an administrator in a timely manner. Where the successors fail to do so, all of the successors are co-administrators. Where there is no successor or where all of the successors disclaim the inheritance, the civil affairs department or the villagers’ committee in the place where the decedent was domiciled at the time of his death shall serve as the administrator.

Article 1146

Where a dispute arises over the determination of an administrator of the estate, any interested person may request the people’s court to appoint an administrator.


3、A will may establish right of abode.

Article 366

A person with a right of habitation is entitled to the right to usufruct of

possessing and using another person’s dwelling as agreed in the contract, so as to meet his needs of habitation.

Article 371

Where a right of habitation is created by will, the relevant provisions of this Chapter shall be applied mutatis mutandis.


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