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第一千一百二十四条 继承开始后,继承人放弃继承的,应当在遗产处理前,以书面形式作出放弃继承的表示;没有表示的,视为接受继承。
Article 1124
A successor who, after the opening of succession, disclaims an inheritance shall
manifest his decision in writing before the estate is disposed of. In the
absence of such a manifestation, he is deemed to have accepted the inheritance.
受遗赠人应当在知道受遗赠后六十日内,作出接受或者放弃受遗赠的表示;到期没有表示的,视为放弃受遗赠。
A donee-by-will shall, within 60 days after he learns of the
testamentary gift, manifest his decision to accept or disclaim it. In the
absence of such a manifestation within the specified period, he is deemed to
have disclaimed the gift.
第一千一百二十五条 继承人有下列行为之一的,丧失继承权:
Article 1125
A successor is disinherited if he has committed any of the following acts:
(一)故意杀害被继承人;
(1) intentionally killing the now decedent;
(二)为争夺遗产而杀害其他继承人;
(2) killing any other successor in fighting over the estate;
(三)遗弃被继承人,或者虐待被继承人情节严重;
(3) abandoning the now decedent, or maltreating him and the circumstances are
serious;
(四)伪造、篡改、隐匿或者销毁遗嘱,情节严重;
(4) forging, tampering with, concealing, or destroying the will, and the
circumstances are serious; or
(五)以欺诈、胁迫手段迫使或者妨碍被继承人设立、变更或者撤回遗嘱,情节严重。
(5) through fraud or duress, compelling the testator to write, alter, or revoke
a will or interfering with such acts, and the circumstances are serious.
继承人有前款第三项至第五项行为,确有悔改表现,被继承人表示宽恕或者事后在遗嘱中将其列为继承人的,该继承人不丧失继承权。
A successor who had committed one of the acts listed in Subparagraphs (3)
through (5) of the preceding paragraph may not be disinherited if he truly
repented and mended his ways, and was forgiven by the now decedent or was
thereafter appointed as one of the successors in the decedent’s will.
受遗赠人有本条第一款规定行为的,丧失受遗赠权。
A donee-by-will who has committed the act listed in the first paragraph of this
Article loses his right to receive the testamentary gift.
第二章 法定继承
Chapter II
Intestate Succession
第一千一百二十六条 继承权男女平等。
Article 1126
Men and women are equal in their right to inheritance.
第一千一百二十七条 遗产按照下列顺序继承:
Article 1127
The estate of a decedent shall be succeeded in the following order:
(一)第一顺序:配偶、子女、父母;
(1) first in order: spouse, children, and parents;
(二)第二顺序:兄弟姐妹、祖父母、外祖父母。
(2) second in order: siblings, paternal grandparents, and maternal grandparents.
继承开始后,由第一顺序继承人继承,第二顺序继承人不继承;没有第一顺序继承人继承的,由第二顺序继承人继承。
When succession opens, the successor(s) first in order shall inherit to the
exclusion of the successor(s) second in order. The successor(s) second in order
shall inherit the estate in default of any successor first in order.
本编所称子女,包括婚生子女、非婚生子女、养子女和有扶养关系的继子女。
“Children” referred to in this Book include children born in or out of wedlock,
and adopted children, as well as stepchildren who were raised up by the
decedent.
本编所称父母,包括生父母、养父母和有扶养关系的继父母。
“Parents” referred to in this Book include natural parents and adoptive parents,
as well as stepparents who raised up the decedent.
本编所称兄弟姐妹,包括同父母的兄弟姐妹、同父异母或者同母异父的兄弟姐妹、养兄弟姐妹、有扶养关系的继兄弟姐妹。
“Siblings” referred to in this Book include siblings of whole
blood and half blood, and adopted siblings, as well as stepsiblings who
supported or were supported by the decedent.
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