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What is the basis of subrogation

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What is the basis of subrogation


        

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  • 2024-06-24 04:01:33

    Subrogation refers to the basis of the decedent as follows:
    Article 11 of the Inheritance Law stipulates that if a child of the decedent dies before the decedent, the direct descendant of the child of the decedent shall inherit in subrogation. In general, a subrogation heir can only inherit the share of the estate that his father or mother is entitled to.
    Article 26 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China stipulates that the adopted children of the decedent and the sons and daughters of step children who have formed a dependency relationship can inherit by subrogation; The adopted children of the decedent's own children may inherit in subrogation; The adopted children of the decedent may inherit in subrogation; The adopted children of step children who have formed a dependency relationship with the decedent may also inherit by subrogation.
    Article 27 stipulates that a successor in subrogation who lacks the ability to work and has no source of income, or who has made major contributions to the decedent, may share more of the estate when distributing it.
    Article 28 stipulates that if a successor loses his right of inheritance, his lineal descendants shall not inherit by subrogation. If the successor in subrogation lacks the ability to work and has no source of income, or has more obligations to support the decedent, it can be properly distributed to the estate.
    Article 29 stipulates that when a widowed daughter-in-law acts as the first order heir in accordance with the provisions of Article 12 of the Inheritance Law, whether or not he remarries to his father-in-law or mother-in-law, the inheritance of his children by subrogation shall not be affected.

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