1. Whether compensation for moral damages can be inherited as an inheritance
Moral damages cannot be inherited. According to the relevant laws and regulations, the inheritance is the personal legal property left by a natural person when he or she dies, and shall be inherited by his legal heirs. On the other hand, moral damages are compensation for the victim's losses, which are personal and therefore cannot be inherited.
Article 1122 of the Civil Code of the People's Republic of China.
An estate is a personal legal property left behind by a natural person upon his or her death.
An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.
Article 1141 of the Civil Code of the People's Republic of China.
The will should reserve the necessary share of the estate for the heirs who lack the ability to work and do not have a living.
Article 1153 of the Civil Code of the People's Republic of China.
Unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the spouse's property, and the rest shall be the inheritance of the decedent.
Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.
2. What are the requirements for the establishment of compensation for moral damages?
If the victim wants to claim compensation for moral damages from the perpetrator, the court will support it only if the statutory circumstances are met, otherwise the court will not accept such unreasonable claims. Since the liability for moral damages and the liability for property damage are both tort damages, the following four conditions should also be met for the establishment of moral damages:
1.There are harmful consequences;
2.There is an infringement of the personality and identity rights and interests of a natural person;
3.There is a causal relationship between the fact of infringement and the consequences of damages;
4.The infringer is subjectively at fault or negligent, unless otherwise provided by law.
3. What are the compensation for moral damages?
Moral damages include:
1.compensation for moral damages for infringement of personality rights;
2.compensation for moral damages for infringement of the right to identity;
3.compensation for moral damages for infringement of property rights;
4.compensation for moral damages for infringement of marital relationship;
5.compensation for moral damages against the deceased;
6.Compensation for moral damages caused by the breach.
Compensation for moral damages shall be premised on the infringement of citizens' personal rights and interests.