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Law of Succession of the People's Republic of Chin
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1985.10.01
NATIONAL PEOPLE'S CONGRESS
LAW OF SUCCESSION OF THE PEOPLE'S REPUBLIC OF CHINA
 (Adopted  at  the  Third Session of the Sixth National People's
Congress and promulgated  by  Order No. 24 of the President of the
People's Republic of China on April 10, 1985, and effective as of
October 1, 1985)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II STATUTORY SUCCESSION
CHAPTER III TESTAMENTARY SUCCESSION AND LEGACY
CHAPTER IV DISPOSITION OF THE ESTATE
CHAPTER V SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
 @@  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.
@@ Article 2. Succession opens on the death of a decedent.
 @@  Article 3. Estate denotes the lawful property of a citizen owned
by him personally at the time of his death, which consists of:
(1) his income;
(2) his houses, savings and articles of everyday use;
(3) his forest trees, livestock and poultry;
(4) his cultural objects, books and reference materials;
(5) means of production lawfully owned by him;
(6) his property rights pertaining to copyright and patent rights; and
(7) his other lawful property.
 @@  Article  4. Personal benefits accruing from a contract entered
into by an  individual  are  inheritable  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.
 @@  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.
 @@  Article 6. The right to inheritance or legacy of a competent
person shall be exercised on his behalf by his statutory agent.
 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.
 @@  Article 7. A successor shall be disinherited upon his commission
of any one of the following acts:
(1) intentional killing of the decedent;
(2) killing any other successor in fighting over the estate;
(3) a serious act of abandoning or maltreating the decedent; or
(4) a serious act of forging, tampering with or destroying the will.
 @@  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 is or should be
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 opens.
CHAPTER II STATUTORY SUCCESSION
 @@  Article 9. Males and females are equal in their right to
inheritance.
 @@  Article 10. The estate of the decedent shall be inherited
in the following order:
First in order: Spouse, children, parents.
 Second  in  order:  Brothers and sisters, paternal grand parents,
maternal grand-parents.
 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.
 The  "  children  "  referred to in this Law include legitimate
children, illegitimate  children  and adopted children, as well as
stepchildren who supported or were supported by the decedent.
 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.
 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.
 @@  Article 11. Where a decedent survived his child, the direct
lineal descendants  of  the predeceased child shall inherit in
subrogation. Descendants  who  inherit in subrogation generally shall
take only the share of the estate their father or mother is entitled to.
 @@  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.
 @@  Article  13.  Successors  same  in order shall, in gene

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