American property inheritance principle

First, the principle of marital property inheritance.

1, the principle of protecting citizens' legitimate property inheritance rights

The principle of protecting citizens' right to inherit private property mainly includes the following contents:

(1) The personal legal property left by every citizen when he dies is an inheritance, and all of it must be inherited by his heirs.

(2) The successor's right of inheritance shall not be illegally deprived or restricted.

(3) The right of inheritance is absolute, and everyone has the obligation of non-infringement.

2, the principle of equality of inheritance rights

(1) Men and women have equal inheritance rights;

(2) Children born out of wedlock have equal inheritance rights with those born in wedlock;

(3) protecting the interests of the elderly, young people and the disabled in the inheritance and bequest of wills;

(4) The division of inheritance cannot infringe upon the interests of the unborn;

(5) Acknowledge the validity of the legacy support agreement;

3, mutual understanding and accommodation, the principle of unity and harmony

(1) The successor's right of inheritance is also protected by law;

(2) The legal heirs have equal inheritance rights;

(3) the heirs negotiate to deal with the inheritance problem;

4. The principle of consistency between rights and obligations

Parents have the obligation to support their children, and children have the obligation to support their parents. Heirs who have made major support obligations to the decedent or lived together with the decedent can get more points in the distribution of the estate. If an heir who has the ability and conditions to support fails to perform the obligation of support, he shall not divide or divide the estate.

Article 106 1 of the Civil Code: Husband and wife have the right to inherit from each other.

Second, what is the order of property inheritance?

Article 127 of the Civil Code: Inheritance shall be in the following order:

(1) First order: spouse, children, parents;

(2) The second order: brothers and sisters, grandparents and grandparents.

After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order. The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship. Brothers and sisters referred to in this part include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.

3. What is the marital property?

(1) Wages and bonuses refer to the wages, bonus income, income from various welfare policies and subsidies of one or both parties during the existence of the husband-wife relationship;

(2) The term "income from production and operation" refers to the income from production and operation of one or both spouses during the existence of the relationship between husband and wife;

(3) Income from intellectual property rights refers to the income from intellectual property rights owned by one or both spouses during the existence of the relationship between husband and wife;

(4) The property acquired by inheritance or gift refers to the property acquired by one or both parties due to inheritance and gift during the existence of the husband-wife relationship.

(five) other property that should be owned by * * *.

Legal objectivity:

Article 123 of the Civil Code of People's Republic of China (PRC) shall be handled in accordance with the statutory inheritance after the inheritance begins; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement. Article 127 of the Civil Code of People's Republic of China (PRC) has the following succession order: (1) The first order: spouse, children and parents; (2) The second order: brothers and sisters, grandparents and grandparents. After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order. The children mentioned in this part include children born in wedlock, children born out of wedlock, adopted children and stepchildren with dependency. The parents mentioned in this part include biological parents, adoptive parents and step-parents with dependent relationship. Brothers and sisters referred to in this part include brothers and sisters of the same parents, half-brothers, adopted brothers and sisters, and stepbrothers and sisters with dependent relationship.