First, the concept of subrogation
Subrogation is a legal succession in a special case. Refers to the children of the decedent prior to death when the heir, the younger children are heirs of the elders instead of direct blood to the death of their bloodline inherited a legal system is heir to inherit the estate, also known as indirect inheritance. Which, prior to the death of the decedent's heirs were called subrogation, instead of being heir to inherit in subrogation of people are called generations. The establishment of the system designed to protect the blood prior to the death of a younger generation lineal heir of the material and economic interests.
Second, subrogation features
(A) be subrogated person must die before the heirs, heirs are children
That is, we usually say goes, "white-haired people who sent hair." While the larger scope of people here are subrogation, including legal fiction of natural blood and blood relatives, including step-child inheritance rights of legitimate children, illegitimate children, and with maintenance relation. And is subrogation person's death can be a natural death, it can be declared dead.
(B) the subrogation subrogation must be blood relatives of people younger lineal
According to the Supreme Court "on the implementation of the law of succession People's Republic of China a number of issues of opinions" (hereinafter Jane
"The implementation of views") Article 26: Health child "of the decedent adopted children, it has formed a succession of child support relationship may subrogation; decedent biological children of foster children may subrogation; decedent dependent children raised children may subrogation; forming a dependent relationship with the decedent succession following the adopted child children may also generation "that is, with (prior to the death of the heir) children form a step-child dependency relationship, are not entitled to subrogation inheritance.
Eg. Lao Jia has three children, a Jia Jia two, Jia three. Jia a premature death, fathered a child Jiabao. Now old
Jia's death. In subrogation, the identity of Jia's not a requirement, whether natural or legal fiction of blood kin, as long as he is a child Jia can. However, there are limits Jiabao's identity, if between Jiabao and Jia is a form of child support following the relationship, then this time Jiabao enjoys behalf of inheritance. It must be legitimate children, illegitimate children, in the case of adopted children, have Jiabao took the inheritance. Algebra and not limitation.
(C) children to death before his death have not disinherited
Supreme People's Court in accordance with Article 28 "the implementation of Opinion" states: "The disinherited heir, whose younger
Direct blood can not inherit subrogation. "This shows that if subrogation during his lifetime due to legal reasons and disinherited, will jointly lead to the elimination of subrogation inheritance.
(D) subrogation applies only to statutory succession
Must be based on the will of the testator died as a condition of entry into force, the first heir in his will, the testator's death case
Under the will invalid. So subrogation can only occur in the statutory succession, inheritance and applies to wills and bequests.
[Example] Walkthrough
A two sons acetate and propionate. A made a will before his death, all the houses after the death of their personal inherited by B. B and D to get married and have a daughter amyl. B due to illness prior to death after A, B Ding take over maintenance armor. Propionic unmarried. A death aftermath have houses and cash. Which of the following statements is correct? ()
A. pent may subrogation
B. E, Ding not entitled to inherit cash
C. propoxy, butoxy first order of succession
D. propionic not entitled to inherit houses
[Answer] AC. Analysis: According to the provisions of Article XI, "Inheritance Law", children are heirs of the decedent prior to death, inherited by the direct lineal descendants of the decedent subrogation children. Subrogation generally only inherited his father or mother the right to inherit a share of the estate. In this case, B due to illness prior to death armor, therefore, it can direct lineal descendants of amyl subrogation inheritance that can subrogation A real estate and cash. A so elected; under Article XII "Inheritance Method", the public widowed daughter, woman, widowed son to father, mother, obligation to their parents, successors first in order. In this problem, after the death of B, B to take over the maintenance by Ding A, D belong to their parents for armor obligation widowed daughter, as the first in order shall inherit the armor of real estate and cash. B so wrong. According to the provisions of Article 10, "Inheritance Law", the first order of succession include: spouses, children, parents. Thus understood, the first sequence belonging propan A successor. Further, according to the provisions of Article XII "Inheritance Method", D may successors first in order of A. C so elected; subrogation only applies to statutory succession, wills and inheritance bequeathed NA subrogation. In this problem, methyl acetate prior to death, although the armor had a will, all their personal property to B, but not real estate under the will of all the pent subrogation armor. The legal property as a legacy inherited by the heirs inherit, including propane. Option D error.
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