【2018年整理】继承法.docVIP

Law of Succession of the Peoples Republic of China (Adopted at the Third Session of the Sixth National Peoples Congress on April 10, 1985 and promulgated by Order No.24 of the President of the Peoples Republic of China on April 10, 1985) Contents Chapter I General Provisions Chapter II Statutory Succession Chapter III Testamentary Succession and Legacy Chapter IV Disposition of the Estate Chapter V Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted pursuant to the provisions of the Constitution of the Peoples Republic of China with a view to protecting the right of citizens to inherit private property. Article 2 Succession begins at the death of a citizen. Article 3 Estate denotes the lawful property owned bya citizen personally at the time of his death, which consists of: (1) his income; (2) his houses, savings and articles of everyday use; (3) his forest trees, livestock and poultry; (4) his cultural objects, books and reference materials; (5) means of production lawfully owned by him; (6) his property rights pertaining to copyright and patent rights; and (7) his other lawful property. Article 4 Personal benefits accruing from a contract entered into by an individual are heritable in accordance with the provisions of this Law. Contracting by an individual, if permitted by law to be continued by the successor, shall be treated in accordance with the terms of the contract. Article 5 Succession shall, after its opening, be handled in accordance with the provisions of statutory succession; where a will exists, it shall be handled in accordance with testamentary succession or as legacy; where there is an agreement for legacy in return for support, the former shall be handled in accordance with the terms of the agreement. Article 6 The right to inheritance or legacy of a competent person shall be exercised on his behalf by his statutory agent. The right to inheritance or legacy of a person with limi