The law popularization small class | "code" around: the right of fetal inheritance, care for life from the abdomen

The Civil Code is the "bodyguard" of the legitimate rights and interests of civil subjects, but also the commander of civil acts and the encyclopedia of our lives. The civil code accompanies me, be a good law-abiding citizen, respect the elderly and love the young, escort the family, today I will take you to a brief understanding of the inheritance rights of the fetus.

Case "Say"

Shortly after Liu and Zhang got married, her husband Zhang died in an accident. At this time, his wife Liu was already 4 months pregnant. Later, Liu Mou had a conflict with his in-laws because of the division of her husband's inheritance. Does the fetus in Liu's womb have the right to inherit? The answer is yes.

Civil Code "Says"

Article 16 of the Civil Code stipulates that where the protection of the interests of the fetus is involved in inheritance, acceptance of gifts, etc., the fetus is deemed to have the capacity for civil rights. However, if the fetus is dead at the time of delivery, its capacity for civil rights does not exist from the beginning.

Article 1155 stipulates that when an inheritance is divided, the share of the fetus's inheritance shall be retained. If the fetus is dead at the time of delivery, the retained share shall be handled in accordance with the legal inheritance.

Provision resolution

The provisions of the Civil Code clearly explain the rights of the fetus in the womb in the legal provisions, and the Civil Code presupposes legal rights such as the inheritance and acceptance of gifts of the fetus (commonly known as the widow), which is conducive to the spiritual comfort and growth of the fetus after birth, but it is worth noting that if the fetus is dead when it is delivered, its civil rights capacity does not exist from the beginning.

The Civil Code is with each of us,

It pampers each of us.

It pampers life from the belly.

Review White Hair

Author Xue Jing

Edited by Li Jing