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Chapter 341 Can Giving Up Inheritance Exempt The Obligation Of Support?

Chapter 341 Can Giving Up Inheritance Exempt The Obligation Of Support?
The renunciation of inheritance refers to the denial or abandonment of the heir's qualification as the subject of the inheritance right, and he no longer enjoys the rights brought by the inheritance and assumes the obligations brought about by the inheritance.After the succession begins, if the heir renounces the inheritance, he shall express the renunciation of the inheritance before disposing of the inheritance.Otherwise, it is deemed to accept inheritance.At the same time, according to Article 40 of the Supreme People's Court's "Opinions on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China", the heir's renunciation of the right of inheritance is invalid because he cannot perform his statutory obligations.The renunciation of succession shall not be subject to conditions or deadlines, nor shall it affect the fulfillment of statutory obligations.It can be seen that renunciation of inheritance cannot absolve the obligation of maintenance.In reality, many supporters often find many reasons for refusing to fulfill their support obligations, including renunciation of inheritance.On the surface, this point of view seems to conform to the principle of consistency of rights and obligations, but in fact it does not.All children who have the ability to support and support must fulfill their obligations to support their parents, without exception.This is clearly stipulated in the "Marriage Law" of our country.Therefore, renunciation of inheritance cannot relieve the obligation of maintenance.

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If the husband and wife divorce due to the intervention of a third party, the third party does not need to compensate the innocent party.However, if a third party illegally obtains the property of one of the husband and wife, and the property belongs to the joint property of the husband and wife, the innocent party has the right to demand return.Of course, if a third party knows that the other party has a spouse and has a sexual relationship or an ambiguous relationship with it and causes a divorce, it should bear criminal responsibility according to law.

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