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中华人民共和国民法典上一条 中华人民共和国民法典目录

第六编 继承

Book Six

  第一章 一般规定
Chapter I
General Rules
  第一千一百一十九条 本编调整因继承产生的民事关系。
Article 1119
This Book regulates the civil-law relations arising from succession.
  第一千一百二十条 国家保护自然人的继承权。
Article 1120
The State protects a natural person’s right to inheritance.
  第一千一百二十一条 继承从被继承人死亡时开始。
Article 1121
Succession begins upon the death of a decedent.

Where two or more persons with the right to inherit each other’s estate die in the same incident and it is difficult to determine the time of each person’s death, the person without any other successor is presumed to have predeceased those with other successor(s). Where the aforementioned deceased persons are from different generations and all of them have other successor(s), the person of the elder generation is presumed to have predeceased those of the younger generation; or, where the deceased are in the same generation, they are presumed to have died simultaneously and no succession occurs between or among them.
  第一千一百二十二条 遗产是自然人死亡时遗留的个人合法财产。

Article 1122
An estate refers to the property lawfully owned by a natural person upon death.
An estate not inheritable according to the provisions of law or based on the nature of the estate may not be inherited.
  第一千一百二十三条 继承开始后,按照法定继承办理;有遗嘱的,按照遗嘱继承或者遗赠办理;有遗赠扶养协议的,按照协议办理。

Article 1123
After succession opens, it shall be processed as an intestate succession, or where there is a will, as a testate succession by the successor(s) or donee(s)-by-will; or be processed in accordance with the agreement on testamentary gift for inter vivos support, where there is such an agreement.


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