Reconstruction of the Right to Obtain Inheritance Interests for Widowed Daughters-in-Law and Sons-in-Law Taking the Initiative to Undertake Maintenance Obligations under the Background of the Civil Code
The current Civil Code follows the provisions of the original Inheritance Law,which designates a widowed daughter-in-law or son-in-law who has fulfilled their main maintenance obliga-tion of providing for the elderly as the first-in-line legal heir.However,considering the safety,fair-ness,and historical context of implementing this provision,continuing to follow the traditional ap-proach may lead to certain risks.As a member of the family through marriage,the son-in-law's or daughter-in-law's marital relationship ends upon the death of their spouse,and they should have been excluded from the inheritance system.Following the original provisions may result in a widowed son-in-law or daughter-in-law remarrying multiple times to obtain first-in-line heir status,which is unfair to other heirs and detrimental to social stability and the smooth operation of the rule of law.It is suggested to classify the widowed son-in-law's and daughter-in-law's active maintenance obliga-tions for providing for the elderly as an act of both gratuitous management and inheritance support,and establish a comprehensive set of rules for how they can obtain the deceased's inheritance from both aspects.
widowed sons-in-law and daughters-in-lawheirmaintenanceinheritance interests
维普
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