Exploring The Inheritance Rights Of The Fetus

Before the promulgation of the "General Provisions of Civil Law," our country's legal protection of the fetus is only stipulated in the law of inheritance,which is too thin in the judicial practice.With the promulgation of the "General Principles of Civil Law",it is clear that the fetus has the capacity for civil rights in terms of inheritance,acceptance of gifts,etc.,but the specific content has not yet been refined-such as the order of inheritance and inheritance remains to be clarified,whether it can be the subject of subrogation,and so on.When the fetus inheritance rights are infringed,the guardian can use the fetus as the right subject to exercise the inherited reply request right.In addition,the fetal powers are accompanied by statutory conditions for release.When they are stillbirths,they retroactively extinguish their powers,respond to legal effects,return their inherited share of inheritance,and be reinstated by other heirs in accordance with legal inheritance.segmentation.Therefore,this article will focus on the above content to explore the right of fetal inheritance,with a view to make a meager effort to improve the fetal succession system in China.