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中华人民共和国继承法英文版

作者:stephen    文章来源:沪江英语    点击数:    更新时间:2011-1-26 【我来说两句

中华人民共和国继承法

LAW OF SUCCESSION OF THE PEOPLE'S REPUBLIC OF CHINA

第一章 总 则

Chapter I General Provisions

第一条 根据《中华人民共和国宪法》规定,为保护公民的私有财产的继承权,制定本法。

Article 1 This Law is enacted pursuant to the provisions of the Constitution of the People's Republic of China with a view to protecting the right of citizens to inherit private property.

第二条 继承从被继承人死亡时开始。

Article 2 Succession begins at the death of a citizen.

第三条 遗产是公民死亡时遗留的个人合法财产,包括:

Article 3 Estate denotes the lawful property owned by a citizen personally at the time of his death, which consists of:

(一)公民的收入;

(1) his income;

(二)公民的房屋、储蓄和生活用品;

(2) his houses, savings and articles of everyday use;

(三)公民的林木、牲畜和家禽;

(3) his forest trees, livestock and poultry;

(四)公民的文物、图书资料;

(4) his cultural objects, books and reference materials;

(五)法律允许公民所有的生产资料;

(5) means of production lawfully owned by him;

(六)公民的著作权、专利权中的财产权利;

(6) his property rights pertaining to copyright and patent rights;

(七)公民的其他合法财产。

and (7) his other lawful property.

第四条 个人承包应得的个人收益,依照本法规定继承。个人承包,依照法律允许由继承人继续承包的,按照承包合同办理。

Article 4 Personal benefits accruing from a contract entered into by an individual are heritable in accordance with the provisions of this Law. Contracting by an individual, if permitted by law to be continued by the successor, shall be treated in accordance with the terms of the contract.

第五条 继承开始后,按照法定继承办理;有遗嘱的,按照遗嘱继承或者遗赠办理;有遗赠扶养协议的,按照协议办理。

Article 5 Succession shall, after its opening, be handled in accordance with the provisions of statutory succession; where a will exists, it shall be handled in accordance with testamentary succession or as legacy; where there is an agreement for legacy in return for support, the former shall be handled in accordance with the terms of the agreement.

第六条 无行为能力人的继承权、受遗赠权,由他的法定代理人代为行使。

Article 6 The right to inheritance or legacy of a competent person shall be exercised on his behalf by his statutory agent.

限制行为能力人的继承权、受遗赠权,由他的法定代理人代为行使,或者征得法定代理人同意后行使。

The right to inheritance or legacy of a person with limited capacity shall be exercised on his behalf by his statutory agent or by such person himself after obtaining the consent of his statutory agent.

第七条 继承人有下列行为之一的,丧失继承权:

Article 7 A successor shall be disinherited upon his commission of any one of the following acts:

(一)故意杀害被继承人的;

(1) intentional killing of the decedent;

(二)为争夺遗产而杀害其他继承人的;

(2) killing any other successor in fighting over the estate;

(三)遗弃被继承的,或者虐待被继承人情节严重的;

(3) a serious act of abandoning or maltreating the decedent;

(四)伪造、篡改或者销毁遗嘱,情节严重的。

or (4) a serious act of forging, tampering with or destroying the will.

第八条 继承权纠纷提起诉讼的期限为二年,自继承人知道或者应当知道其权利被侵犯之日起计算。但是,自继承开始之日起超过二十年的,不得再提起诉讼。

Article 8 The time limit for institution of legal proceedings pertaining to disputes over the right to inheritance is two years, counting from the day the successor became or should have become aware of the violation of his right to inheritance. No legal proceedings, however, may be instituted after the expiration of a period of 20 years from the day succession began.

第二章 法定继承

Chapter II Statutory Succession

第九条 继承权男女平等。

Article 9 Males and females are equal in their right to inheritance.

第十条 遗产按照下列顺序继承:

Article 10 The estate of the decedent shall be inherited in the following order:

第一顺序:配偶、子女、父母。

First in order: spouse, children, parents.

第二顺序:兄弟姐妹、祖父母、外祖父母。

Second in order: brothers and sisters, paternal grandparents, 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 in default of any successor first in order.

本法所说的子女,包括婚生子女、非婚生子女、养子女和有扶养关系的继子女。

The "children" referred to in this Law include legitimate children, illegitimate children and adopted children, as well as step-children who supported or were supported by the decedent.

本法所说的父母,包括生父母、养父母和有扶养关系的继父母。

The "parents" referred to in this Law include natural parents and adoptive parents, as well as step-parents who supported or were supported by the decedent.

本法所说的兄弟姐妹,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。

The "brothers and sisters" referred to in this Law include blood brothers and sisters, brothers and sisters of half blood, adopted brothers and sisters, as well as step-brothers and step-sisters who supported or were supported by the decedent.

第十一条 被继承人的子女先于被继承人死亡的,由被继承人的子女的晚辈直系血亲代位继承。代位继承人一般只能继承他的父亲或者母亲有权继承的遗产份额。

Article 11 Where a decedent survived his child, the direct lineal descendants of the predeceased child inherit in subrogation. Descendants who inherit in subrogation generally shall take only the share of the estate their father or mother was entitled to.

第十二条 丧偶儿媳对公、婆,丧偶女婿对岳父、岳母,尽了主要赡养义务的,作为第一顺序继承人。

Article 12 Widowed daughters-in-law or sons-in-law who have made the predominant contributions in maintaining their parents-in-law shall, in relationship to their parents-in-law, be regarded as successors first in order.

第十三条 同一顺序继承人继承遗产的份额,一般应当均等。

Article 13 Successors same in order shall, in general, inherit in equal shares.

对生活有特殊困难的缺乏劳动能力的继承人,分配遗产时,应当予以照顾。

At the time of distributing the estate, due consideration shall be given to successors who are unable to work and have special financial difficulties.

对被继承人尽了主要扶养义务或者与被继承人共同生活的继承人,分配遗产时,可以多分。

At the time of distributing the estate, successors who have made the predominant contributions in maintaining the decedent or have lived with the decedent may be given a larger share.

有扶养能力和有扶养条件的继承人,不尽扶养义务的,分配遗产时,应当不分或者少分。

At the time of distributing the estate, successors who had the ability and were in a position to maintain the decedent but failed to fulfil their duties shall be given no share or a smaller share of the estate.

继承人协商同意的,也可以不均等。

Successors may take unequal shares if an agreement to that effect is reached among them.

第十四条 对继承人以外的依靠被继承人扶养的缺乏劳动能力又没有生活来源的人,或者继承人以外的对被继承人扶养较多的人,可以分给他们适当的遗产。

Article 14 An appropriate share of the estate may be given to a person, other than a successor, who depended on the support of the decedent and who neither can work nor has a source of income, or to a person, other than a successor, who was largely responsible for supporting the decedent.

第十五条 继承人应当本着互谅互让、和睦团结的精神,协商处理继承问题。遗产分割的时间、办法和份额,由继承人协商确定。协商不成的,可以由人民调解委员会调解或者向人民法院提起诉讼。

Article 15 Questions pertaining to succession should be dealt with through consultation by and among the successors in the spirit of mutual understanding and mutual accommodation, as well as of amity and unity. The time and mode for partitioning the estate and the shares shall be decided by the successors through consultation. If no agreement is reached through consultation, they may apply to a People's Mediation Committee for mediation or institute legal proceedings in a people's court.

 

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