第二章 法定继承

Chapter II Statutory Succession

 

第九条 继承权男女平等。

Article 9 Males and females are equal in their right to inheritance.

 

第十条 遗产按照下列顺序继承：

Article 10 The estate of the decedent shall be inherited in the following order:

 

第一顺序：配偶、子女、父母。

First in order: spouse¹, children, parents.

 

第二顺序：兄弟姐妹、祖父母、外祖父母。

Second in order: brothers and sisters, paternal² grandparents, maternal³ grandparents.

 

继承开始后，由第一顺序继承人继承，第二顺序继承人不继承。没有第一顺序继承人继承的，由第二顺序继承人继承。

When succession opens, the successor(s) first in order shall inherit to the exclusion⁴ of the successor(s) second in order. The successor(s) second in order shall inherit in default of any successor first in order.

 

本法所说的子女，包括婚生子女、非婚生子女、养子女和有扶养关系的继子女。

The "children" referred to in this Law include legitimate⁵ children, illegitimate children and adopted children, as well as step-children who supported or were supported by the decedent.

 

本法所说的父母，包括生父母、养父母和有扶养关系的继父母。

The "parents" referred to in this Law include natural parents and adoptive parents, as well as step-parents who supported or were supported by the decedent.

 

本法所说的兄弟姐妹，包括同父母的兄弟姐妹、同父异母或者同母异父的兄弟姐妹、养兄弟姐妹、有扶养关系的继兄弟姐妹。

The "brothers and sisters" referred to in this Law include blood brothers and sisters, brothers and sisters of half blood, adopted brothers and sisters, as well as step-brothers and step-sisters who supported or were supported by the decedent.

 

第十一条 被继承人的子女先于被继承人死亡的，由被继承人的子女的晚辈直系血亲代位继承。代位继承人一般只能继承他的父亲或者母亲有权继承的遗产份额。

Article 11 Where a decedent survived his child, the direct lineal descendants of the predeceased child inherit in subrogation. Descendants who inherit in subrogation generally shall take only the share of the estate their father or mother was entitled to.

 

第十二条 丧偶儿媳对公、婆，丧偶女婿对岳父、岳母，尽了主要赡养义务的，作为第一顺序继承人。

Article 12 Widowed daughters-in-law or sons-in-law who have made the predominant contributions in maintaining their parents-in-law shall, in relationship to their parents-in-law, be regarded as successors first in order.

 

第十三条 同一顺序继承人继承遗产的份额，一般应当均等。

Article 13 Successors same in order shall, in general, inherit in equal shares.

 

对生活有特殊困难的缺乏劳动能力的继承人，分配遗产时，应当予以照顾。

At the time of distributing the estate, due consideration shall be given to successors who are unable to work and have special financial difficulties.

 

对被继承人尽了主要扶养义务或者与被继承人共同生活的继承人，分配遗产时，可以多分。

At the time of distributing the estate, successors who have made the predominant contributions in maintaining the decedent or have lived with the decedent may be given a larger share.

 

有扶养能力和有扶养条件的继承人，不尽扶养义务的，分配遗产时，应当不分或者少分。

At the time of distributing the estate, successors who had the ability and were in a position to maintain the decedent but failed to fulfil their duties shall be given no share or a smaller share of the estate.

 

继承人协商同意的，也可以不均等。

Successors may take unequal shares if an agreement to that effect is reached among them.

 

第十四条 对继承人以外的依靠被继承人扶养的缺乏劳动能力又没有生活来源的人，或者继承人以外的对被继承人扶养较多的人，可以分给他们适当的遗产。

Article 14 An appropriate share of the estate may be given to a person, other than a successor, who depended on the support of the decedent and who neither can work nor has a source of income, or to a person, other than a successor, who was largely responsible for supporting the decedent.

 

第十五条 继承人应当本着互谅互让、和睦团结的精神，协商处理继承问题。遗产分割的时间、办法和份额，由继承人协商确定。协商不成的，可以由人民调解委员会调解或者向人民法院提起诉讼。

Article 15 Questions pertaining⁶ to succession should be dealt with through consultation⁷ by and among the successors in the spirit of mutual⁸ understanding and mutual accommodation, as well as of amity⁹ and unity¹⁰. The time and mode for partitioning the estate and the shares shall be decided¹¹ by the successors through consultation. If no agreement is reached through consultation, they may apply to a People's Mediation¹² Committee for mediation or institute legal proceedings¹³ in a people's court.#p#分页标题#e#

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