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Can the house be divided after divorce after giving up inheritance promise

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Can the house be divided after divorce after giving up inheritance promise


        

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  • 2024-06-24 04:00:02

    Generally speaking, the heir should give up inheritance after the beginning of inheritance and before the inheritance division. But in real life, before the beginning of inheritance, the heir's intention to give up inheritance is relatively common. Often, some people want to participate in the inheritance division after giving up inheritance, This involves the question of whether the declaration of abandonment of inheritance before the beginning of succession is effective.
    In view of this problem, there are two different opinions: the first opinion is that according to the provisions of the inheritance law of our country, the successor must give up the right of inheritance after the beginning of inheritance and before the division of the inheritance. Before the beginning of succession, the successor gave up not the right of inheritance, but the right of inheritance expectation. The right of inheritance expectation is the inheritance qualification arising from a specific identity relationship. This qualification cannot be waived, and even if waived, it will not be effective. Therefore, the act of giving up the right of inheritance in advance is invalid. The second opinion is that before the beginning of succession, the law does not make restrictive provisions on whether the successor can expressly waive the possible inheritance interests through agreement. If inheritance occurs, the inheritance has not changed compared with that at the time of signing the agreement. The act belongs to a time bound act. Therefore, when the decedent dies, the commitment will become effective. According to the principle of good faith in the civil law, once the commitment becomes effective, it cannot be revoked at will. It should be noted that if the successor is forced or threatened to make a commitment, it can be revoked.

    No***

    2024-06-24 04:00:02

  • civil Relevant knowledge

  • law

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