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How to determine the statute of limitations of succession

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How to determine the statute of limitations of succession


        

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  • 2024-06-24 21:00:49

    According to Article 8 of the Inheritance Law, the time limit for bringing a lawsuit on a dispute over inheritance is two years, counting from the date when the heir knows or should know that his rights have been violated. However, if more than 20 years have elapsed since the beginning of succession, no further legal proceedings may be instituted. However, according to the General Principles of the Civil Law, the limitation of action for civil proceedings is three years. Inheritance disputes belong to the category of civil disputes, which makes it clear that the statutory statute of limitations for inheritance disputes is changed to three years, that is, if inheritance disputes occur within three years of inheritance (the death of the decedent), the court will accept them and will not accept them after three years. "Counting from the date when the successor knew or should have known that his rights had been violated", that is, counting from the date when he knew it. For example, if the successor did not know of the occurrence of inheritance in a foreign country, counting from the date when he knew it. In addition, if an inheritance is omitted at the time of inheritance, or if there is still an undivided inheritance later, it shall be counted from the date when it is known. To be known means to be known within a reasonable range, and the successor cannot use ignorance as an excuse; In any case, as long as 20 years have passed since the death of the deceased, the law will no longer protect them.

    Liu***

    2024-06-24 21:00:49

  • civil Relevant knowledge

  • law

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