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According to the Inheritance Act, "inheritance begins upon the death of the decedent. "According to this provision, the time of commencement of inheritance shall be determined by the time of the death of the decedent. According to the laws of our country, the death of a citizen is divided into natural death and declared death.
1) Determination of the time of natural death. The basis for determining the natural death of a citizen is: the time when the decedent's breathing stops and the heart stops beating; the time of death as stated in the hospital's death certificate; The time of death as stated in the family register booklet.
2) Determination of the time when a citizen is declared dead. The following conditions shall be met for the declaration of the death of a citizen: The period for which the whereabouts of the citizen is unknown must reach the statutory period.
Under normal circumstances, a citizen must be unaccounted for for four years before he has the right to apply for a declaration of death. However, if the whereabouts of the person are unknown due to an accident, the person whose whereabouts have been unknown for two years may file an application for declaration of death; If the whereabouts of the citizen are unknown due to an accident and it is proved by the relevant authorities that it is impossible for the citizen to survive, the above-mentioned period is not subject to the above-mentioned restrictions. If the whereabouts of a person are unknown during the war, an application for a declaration of death can only be made after four years from the date of the end of the war. Only upon application for a declaration of death by an interested party can the people's court make a declaration of death in accordance with law.
Interested parties include: spouses, parents, children, siblings, grandparents, grandchildren, grandchildren, and other interested parties. It must be announced by the people's court in accordance with law.
After a people's court accepts a case where a person has been declared dead, it must issue a public notice searching for the missing person. The period of the announcement is 1 year, but the whereabouts of the citizen are unknown due to an accident and it is proved by the relevant authorities that it is impossible for the citizen to survive, the period of the announcement is 3 months. At the completion of the public notice period, the people's court may make a judgment declaring death or rejecting the application on the basis of the facts of the case.
Where the person is declared dead, the date on which the judgment is pronounced is the date of death.
The death of a citizen is extremely complicated in real life, and sometimes the time of a citizen's death has a great impact on the interests of the persons concerned, so China's judicial interpretation stipulates how to determine the time of death of a citizen under certain special circumstances: If several persons who have a relationship of inheritance with each other die in the same event, if the sequence of death cannot be determined, it is presumed that the person without an heir dies first. If an elder and a younger person die in the same event, and the order of death cannot be determined, the ancestor is presumed to have died first.
If the time of death cannot be determined if the time of death cannot be determined, it is presumed that they died at the same time, and no inheritance occurs between them.
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According to the provisions of the Inheritance Act, inheritance begins when the decedent dies.
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The Civil Code stipulates that the age of inheritance begins at the time of the death of the decedent, and if several persons who have a mutual inheritance relationship die in the same event, and it is difficult to determine the time of death, it is presumed that the person who has no other heirs dies first. After the commencement of inheritance, it shall be handled in accordance with the legal inheritance.
[Legal basis].Article 1121 of the Civil Code of the People's Republic of China.
Inheritance begins when the decedent dies.
Where several persons who have a relationship of inheritance with each other die in the same event, and it is difficult to determine the time of death, it is presumed that the person who has no other heirs dies first. If there are other heirs of different generations, it is presumed that the elders will act first to endure death; If they are of the same generation, they are presumed to have died at the same time, and no inheritance occurs between them.
Article 1123.
After the commencement of inheritance, it shall be handled in accordance with the legal inheritance. If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
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Inheritance begins when the deceased dies or is declared dead. A declaration of death refers to a citizen's whereabouts unknown due to war, irresistible natural disasters, or other reasons, and upon the application of an interested party, the people's court presumes death in accordance with the provisions of the Civil Procedure Law.
The legal basis is to be taken from the source].
Article 46 of the Civil Code of the People's Republic of China.
In any of the following circumstances, the interested party may apply to the people's court for a declaration of death of the natural person:
1) Whereabouts have been unknown for four years;
2) Due to an accident, the whereabouts have been unknown for two years.
Article 48.
For a person who has been declared dead, the date on which the people's court's judgment declaring him dead is rendered shall be deemed to be the date of his death; If a person is declared dead due to an accident, the date of the accident shall be deemed to be the date of his death.
Article 1 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Succession.
Inheritance begins when the decedent dies physically or is declared dead.
Where death is declared, the date of death determined in accordance with Article 48 of the Civil Code shall be the time when the inheritance begins.
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Many people often think that the time when the inheritance begins is the time of inheritance and the time of dividing the inheritance.
In fact, the time of the commencement of the inheritance, that is, the time of the death of the deceased, and the time of acceptance of the inheritance, is the time when the heir who has acquired the right of inheritance expresses his acceptance of the inheritance to others, after the beginning of the inheritance, and the time of division of the inheritance is even later. From the beginning of the succession to the statement of whether the heirs accept the inheritance, to the actual division of the estate, there is generally a process in between, which includes handling the funeral, notifying the heirs, such as convening a meeting of the heirs, etc., which cannot be carried out at the same time.
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Hello, according to the Inheritance Law: "Inheritance begins at the time of the death of the decedent." This means that there must be a fact of death in the event of an inheritance, and the parents are still alive, and the children cannot inherit the property of the parents.
Here the death of the parents can be divided into two situations, one is the natural death of the parents, which is commonly referred to as the biological death, at which time the children can inherit the property of the parents. The second is that the parents are declared dead, that is, the people's court decides to declare the parents dead due to the parents' disappearance for a certain period of time, and the date of the parents' death determined in the court judgment is the time when the inheritance begins.
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The time limit for initiating a lawsuit in an inheritance dispute is two years, calculated from the date on which the heirs knew or should have known that their rights had been infringed. However, if more than twenty years have elapsed since the commencement of the inheritance, no further proceedings may be filed. Legal basis: VIII of the Inheritance Law.
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