What is the scope of inheritance, and what is the scope of inheritance

According to the provisions of the inheritance law of our country, the inheritance includes the following property: the legal income of a natural person; Houses and household goods of natural persons; forests, livestock and poultry of natural persons; cultural relics, books and materials of natural persons; the means of production that are permitted by law to be owned by natural persons; the property rights of natural persons in copyrights and patents; Other lawful assets of natural persons mainly refer to all kinds of bills, ** and creditor's rights that are the subject of property.

However, the following properties cannot be inherited as inheritance: The right to contract management itself cannot be the object of inheritance, but the income from the contract can be inherited as an inheritance after the death of the heir. If the contractor wishes to continue the contract, it shall go through the procedures for changing the contract in accordance with the relevant provisions of the contract or the law.

Personal and exclusive property rights. The right to use state-owned resources and the right to use homestead land.

Attention should be paid to the following two issues when determining the scope of the estate: First, it is necessary to distinguish between the inheritance of the decedent and the common property. The estate can only be the personal and legal property of the deceased, and when the heirs are one of the co-owners of the property, their share shall be divided from the common property and inherited as an inheritance after the commencement of the airport, and the entire common property shall not be inherited as an inheritance, nor can the inheritance part of the common property be ignored.

The Inheritance Law clearly stipulates that, unless otherwise agreed, half of the jointly owned property acquired by the husband and wife during the marriage relationship shall be divided into the spouse's possession, and the rest shall be the inheritance to the heirs. The second is to distinguish between the inheritance of the decedent and the insurance money and pension.

For insurance money, if the insurance contract specifies a beneficiary, the beneficiary receives the insurance money; If the insurance contract does not specify a beneficiary, the insurance money can be inherited as an inheritance. As for the bereavement pension, if it is generated by the relevant unit to the family of the deceased in accordance with the provisions after the death of an employee or soldier in the line of duty, illness or other accidents, it has the nature of economic compensation to the family of the deceased and cannot be used as an inheritance. The living allowance issued by the relevant departments to employees and servicemen who have lost their ability to work due to disability in the line of duty shall be owned by the individual, and such pensions may be inherited as inheritance.

Article 3 of the Inheritance Law of the People's Republic of China stipulates that the scope of inheritance is the personal legal property left behind by a citizen when he or she dies, including:

a) the income of citizens;

2) Citizens' houses, savings and daily necessities;

3) Citizens' forests, livestock, and poultry;

4) Citizens' cultural relics, library materials;

5) the means of production that are permitted by law to be owned by citizens;

6) Property rights in citizens' copyrights and patent rights;

7) Other lawful property of citizens.

Scope of Estate] An estate is a personal legal property left behind by a citizen upon his death, including:

a) the income of citizens;

2) Citizens' houses, savings and daily necessities;

3) Citizens' forests, livestock, and poultry;

4) Citizens' cultural relics, library materials;

5) the means of production that are permitted by law to be owned by citizens;

6) Property rights in citizens' copyrights and patent rights;

7) Other lawful property of citizens.

The scope of heritage includes both positive and negative heritage. Positive inheritance refers to the property enjoyed by the deceased during his lifetime and other legal rights and interests that can be inherited, such as property rights and interests in copyright. Negative inheritance refers to personal debts owed by the deceased during his or her lifetime.

The concept of inheritance can be understood from the following aspects: 1. An estate is the property left behind by the decedent when he or she dies. This is the temporal nature of the legacy.

Before the death of the decedent, the property cannot become an inheritance, and there is no inheritance problem. In practice, some children have to divide the so-called "inheritance" while their parents are sick and hospitalized, which is not only immoral, but also illegal, that is, it violates the property rights of others. 2. The inheritance is the personal property of the decedent, and the property that does not belong to the individual cannot become the inheritance.

This is the limitation of the scope of the heritage. This is the reason why there are a large number of rented public housing that is not part of the estate. 3. The inheritance is the legal property of the decedent, not the property legally obtained and enjoyed by the decedent, and cannot become an inheritance.

This is the legality and legitimacy of the inheritance. Property acquired by the deceased without lawful basis, such as state, collective or other individual property illegally appropriated, cannot be regarded as an inheritance, nor can property owned by a natural person not be allowed to be owned by an individual according to the law.

Legal Analysis: Inheritance is the legal property of citizens, including: 1. Citizens' income; 2. Citizens' houses, savings and daily necessities; 3. Citizens' forests, livestock and poultry; 4. Citizens' cultural relics and library materials; 5. The law allows citizens to own the means of production, etc.

Legal basis: Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement. Article 1127 Inheritance shall be inherited in the following order:

1) First order: spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

According to Article 3 of the Inheritance Law, inheritance is the legal property left by a citizen upon his death, including: (1) the citizen's income; Citizens' houses, savings and daily necessities; 3) Citizens' forests, livestock, and poultry; 4) Citizens' cultural relics, library materials; 5) the means of production that are permitted by law to be owned by citizens; (6) Citizens' rights to subjugate property in copyrights and patent rights; 7) Other lawful property of citizens.

Closure refers to the legal property left behind by a citizen when he or she dies. The so-called inheritance refers to the personal legal property left by the decedent at the time of death and transferred to others in accordance with the inheritance law. The scope of the estate includes the following properties:

1) the income of citizens; 2. Citizens' houses, savings and daily necessities; 3. Citizens' forests, livestock and poultry; 4. Citizens' cultural relics and library materials; (5) the means of production that are permitted by law to be owned by citizens; (6) Property rights in citizens' copyrights and patent rights; (7) Other lawful property of citizens. In addition, the proceeds of individual contracting are included. Other legal property that can be inherited by citizens includes valuable ** and financial creditor's rights that are the subject matter of the sedan chair.

At the same time, the personal income obtained by individual contracting shall be inherited in accordance with the provisions of this Law. Where individual contracting is allowed to have heirs to continue contracting in accordance with the law, it shall be handled in accordance with the contract. Article 33 stipulates that the inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law.

Article 3 of the Inheritance Law states that an inheritance is the legal property left by a citizen when he or she dies, including: (1) the income of a citizen; 2) Citizens' houses, savings and daily necessities; 3) Citizens' forests, livestock, and poultry; 4) Citizens' cultural relics, library materials; 5) the means of production that are permitted by law to be owned by citizens; 6) Property rights in citizens' copyrights and patent rights; 7) Other lawful property of citizens. (The Inheritance Act will expire on December 31, 2020).

Article 1122 of the Civil Code states that an estate is the legal property left by a natural person upon his death. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited. (The Civil Code will come into effect on January 1, 2021).

The scope of inheritance includes: citizens' income, citizens' houses, savings and daily necessities, forests, livestock and poultry of the people, citizens' cultural relics, library materials, means of production permitted by law, citizens' copyrights, property rights in patent rights, etc.

[Legal basis].

Article 1122 of the Civil Code of the People's Republic of China is the personal lawful property left by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the provisions of the law or according to its nature shall not be inherited. Article 1123:After the commencement of succession, it shall be handled in accordance with statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1124:Where the heirs renounce the inheritance after the inheritance has begun, they shall make an expression of renunciation of the inheritance in writing before the estate is disposed of; If there is no indication, it shall be deemed to have accepted the inheritance. The legatee shall, within 60 days after knowing of the bequest, make an expression of acceptance or renunciation of the bequest; If it is not indicated at the expiration date, it shall be deemed to have waived the bequest.

According to Article 3 of the Inheritance Law, inheritance is the legal property left by a citizen upon his death, including: (1) the citizen's income; Citizens' houses, savings and daily necessities; 3) Citizens' forests, livestock, and poultry; 4) Citizens' cultural relics, library materials; 5) the means of production that are permitted by law to be owned by citizens; (6) Citizens' rights to subjugate property in copyrights and patent rights; 7) Other lawful property of citizens.

An inheritance is an individual's legal property left behind when a citizen dies. First of all, the estate must be the property left behind at the time of death, and the property that has been disposed of before the death is not the estate; Secondly, the inheritance must be the personal property of Ming Fiber, and if it is a family property, it also involves the division of family property; Again, an inheritance is legal property.

Specific items that can be used as a legacy include:

1. Income; 2. Housing, deposits, daily necessities;

3. Cultural relics and library materials;

4. means of production;

5. Property rights in copyrights and patents;

6. Valuable, creditor's rights;

7. Other legal property.

According to Article 3 of the Inheritance Law, inheritance is the legal property left by a citizen upon his death, including: (1) the citizen's income; Citizens' houses, savings and daily necessities; 3) Citizens' forests, livestock, and poultry; 4) Citizens' cultural relics, library materials; 5) the means of production that are permitted by law to be owned by citizens; (6) Citizens' rights to subjugate property in copyrights and patent rights; 7) Other lawful property of citizens.

An inheritance is a personal legal property left behind by a citizen when he or she dies, including: trembling meditation.

a) the income of citizens;

2) Citizens' houses, savings and daily necessities;

(3) Citizens' forests, livestock, and poultry;

4) Citizens' cultural relics, library materials;

5) the means of production that are permitted by law to be owned by citizens;

6) Property rights in citizens' copyrights and patent rights;

7) Other lawful property of citizens.

Scope of Estate] An estate is a personal legal property left behind by a citizen upon his death, including:

a) the income of citizens;

2) Citizens' houses, savings, and living utensils;

3) Citizens' forests, livestock, and poultry;

4) Citizens' cultural relics, library materials;

5) the means of production that are permitted by law to be owned by citizens; Trail side.

6) The property rights in the copyrights and patent rights of the people of Gongyan Liquid;

7) Other lawful property of citizens.