How to protect the right of fetal inheritance?

Although the fetus is not a true "person", the Civil Code still confirms its due legal status and clearly protects and comprehensive protection in terms of inheritance of heritage inheritance.The following cases have conducted a legal analysis of this.

Case 1

The fetus has the right to inherit heritage and receive gifts

The employee Mr. Ju and his wife have two sons, and they have become another family.Unfortunately, the second child died in an accident.At this time, his daughter -in -law Wang had been pregnant for more than 5 months.After the process of handling, Mr. Ju was worried that Wang Moumou remarried and transferred the inheritance, so he convened a family member to divide the legacy of the second son.During the period, Wang proposed to leave a heritage for his fetus, but was rejected.


Article 16 of the "Civil Code" stipulates: "Involved in inheritance of inheritance and receiving gifts such as inheritance and receiving gifts, the fetus is deemed to have civil rights." The "inheritance inheritance" here includes not only legal inheritance, but also the inheritance and premium of the will."Accepting Gift" means that the gift can give the property to the fetus. At this time, the fetus is deemed to have civil rights capabilities and enjoy the right to accept gifts.In addition to inheritance and receiving gifts, there are other conditions involving fetal interests in practice. Therefore, these regulations use a "equal" word as the bottom -out expression, and there is no specific

Article 1155 of the Civil Code stipulates: "When the inheritance is divided, the inheritance of the fetus shall be retained. The fetus is dead during delivery.When calculating the number of participants to participate in the number of people, the fetus should be included as one of them into the scope and the heritage is divided.In this case, although the fetus in the belly was not born, he enjoys the right to inheritance, and he should retain his inheritance share.

Case 2

Non -wedding fetus should also retain heritage share

Xiao Xin has lived with her colleague Ms. Feng for many years, but has not completed the marriage registration procedures.After Xiaoxin died in a traffic accident, Ms. Feng, who had been pregnant for 6 months, proposed to reserve heritage shares for the birth of the fetus for 6 months, but was rejected by Xiao Xin’s parents, because Xiao Xin and Ms. Feng did not failThe formal marriage and cannot determine that the fetus has a father -son relationship with Xiaoxin.


Article 1071, paragraph 1 of the Civil Code stipulates: "Non -married children enjoys the same rights as children of marriage, and no organization or individual may be harm and discriminated against." Article 1127, paragraph 2 stipulates: "This editor calls itChildren, including children of marriage, children of non -marriage, children, adopted children, and step -supporting children. "Therefore, non -marriage children and children of marriage are independent inheritance subjects, and they have the same right to inherit the parents’ heritage.If parents have a will, they should respect the arranges of the testor on the inheritance, but the content of the will not retain the content of the fetus inheritance shares is invalid because of violations of the law of law.

In this case, the father of a non -wedding fetus died of a car accident. Although the fetus did not have civil rights capacity, the reserved share of his inheritance should be protected.It should be clear that after the fetus inheritance of the request should be born, the baby itself is enjoyed and exercised, but when it does not have the ability to civil behavior, the right to request civil rights shall be exercised by the guardian.

Case 3

After the baby’s death, his inheritance was inherited according to the legal inheritance method

When Ms. Xuan was 7 months pregnant, her husband Lu died an accident when he worked overtime.When dividing Lumou’s inheritance, it left a share for the fetus for the fetus.However, the baby girl who gave birth to Ms. Xuan died of illness shortly after she gave birth.Lu Mou’s parents said that since the baby girl died, they, as the legal heir of Lu, had the right to divide the heritage of Lu Mou, which was inherited by this baby girl.Ms. Xuan requested the court to confirm that she was the only heir of the baby girl’s heritage. After hearing, the court judged that she supported her claim.


Article 31 of the "Supreme People’s Court’s Explanation of the Inheritance of the Civil Code" (1) stipulates: "If the share shares that should be reserved for the fetus are not retained, it should be deducted from the heritage inherited by the heir.The share, such as the death of the fetus after birth, inherited by the heir; if the fetus was born, it was inherited by the heir of the heir. "

In this case, Ms. Xuan’s baby girl died shortly after birth, indicating that her birth was a living body and a natural person in a legal sense.The share of its share is the legitimate property of this share, but it is only transformed into heritage after its death, so it should be inherited by its legal heirs in the way of legal inheritance.Ms. Xuan is the mother of the baby girl, which is her only first -order heir. Therefore, the court supports Ms. Xuan’s claim.

(Lawyer Zhang Zhaoli Source: Labor Non -Report)


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