Whether the right to contract and manage land can be inherited

Tell you clearly: Yes.

I fully agree with keyuan0501's statement, and he fully understands the spiritual essence of the contracting law.

For example, in a family of three, the wife dies of illness, and the contracted land assigned to the wife during her lifetime does not give rise to the inheritance problem, but is continued by her husband and children, and the wife's parents cannot claim the inheritance, and the contract-issuing party cannot take back the contracted land. In the event of the death of the contractor and the extinction of the contracted family, the collective economic organization shall take back the contracted farmland and grassland of the family and shall not inherit it. However, the contractor's contracted income, such as harvested grain and unharvested crops, shall be inherited in accordance with the provisions of the Inheritance Law, and the heirs may or may not be members of the collective economic organization.

In the event of the death of the contractor of the forest land contract and the extinction of the contracted family, the heirs may continue to contract during the contract period, and the heirs may or may not be members of the collective economic organization.

Yes, it can be inherited. The contractor's contract income shall be inherited in accordance with the provisions of the Inheritance Law. In the event of the death of the contractor of the forest land contract, his heirs may continue the contract during the delay period of the contract.

Legal basis: Rural Land Contract Law

Article 32 The contractor's contract income shall be inherited in accordance with the provisions of the Inheritance Law.

If the contractor of the forest land contract dies, his heirs can continue to undertake the wild contract during the contract period.

China's Rural Land Contract Law adopts two different provisions on the inheritance of land contract management rights: for family contracts, only when the forest land contractor dies, his heirs can continue to contract during the contract period, while the land contract management rights on agricultural land such as cultivated land or grassland cannot be inherited. If one or some members of the family dies during the contract period, the land contract management right shall be eliminated and the contracted land shall be recovered by the contract issuing party. For other forms of contracting, if the contractor dies during the contract period, his heirs may continue to contract.

The reason for this is that other forms of contracting are usually carried out in the name of the individual contractor rather than the farmer, so the heirs of the contractor can naturally inherit the contract when the contractor dies.

Legal basis: Article 31 of the Law of the People's Republic of China on Land Contracting for Rural Returns to Villages stipulates that the contractor's contract income shall be inherited in accordance with the provisions of the Inheritance Law. If the contractor of the forest land contract dies, his heirs may continue the contract during the contract period.

1. Can the right to contract and manage land be inherited?

1. The right to contract and manage land cannot be inherited, but the income from the contract can be inherited. If the contractor of the forest land contract dies, his heirs may continue the contract within the contract period. The State implements a unified registration of cultivated land, forest land, grassland, and so forth, and the registration authority shall issue certificates such as land contracting and management rights certificates or forest rights certificates to the contracting party, and register them to confirm the land contracting and management rights.

2. Legal basis: Article 47 of the Rural Land Contract Law of the People's Republic of China.

The contractor may use the land operation right of the contracted land to obtain financing guarantee from a financial institution and file it with the contract-issuing party. The transferee may obtain the land operation right through circulation with the written consent of the contracting party and file with the contract-issuing party, and may provide financing guarantee to a financial institution.

The security interest is created when the financing security contract comes into effect. The parties may apply to the registration authority for the registration of the source type; Without registration, it is not allowed to confront a bona fide third party.

When the security interest is realized, the security interest holder has the right to be compensated in priority for the land operation right.

The measures for the financing guarantee of land operation rights shall be prescribed by the relevant departments.

2. What is the maximum term of land contracting?

The maximum term of land contracts is 30 to 70 years. The duration of the land contract is calculated according to the different types of land. The contract period for cultivated land is 30 years.

The contract period for grassland is 30 to 50 years; The contract period for forest land cultivation is 30 to 70 years; The contract period of forest land for special forests can be appropriately extended with the approval of the competent administrative department of forestry. The contractor has the right to possess, use, and benefit from the contracted property and dispose of it within a certain scope.