What can I not do to inherit an inheritance?
1. Legal provisions.
Article 1125 of the Civil Code.
If the heir commits any of the following acts, he or she shall lose the right of inheritance:
1) Intentionally killing the decedent;
ii) Killing other heirs for the sake of inheritance;
3) Abandonment of the decedent, or abuse of the decedent, where the circumstances are serious;
4) Forgery, alteration, concealment, or destruction of wills, where the circumstances are serious;
5) Using fraud or coercion to compel or obstruct the decedent's establishment, modification, or revocation of the will, where the circumstances are serious.
Where the heir has committed the acts in items 3 through 5 of the preceding paragraph, and the decedent expresses forgiveness or later lists him as the heir in the will, the heir does not lose the right to inherit.
Where the legatee has the conduct provided for in the first paragraph of this article, he or she loses the right to receive the bequest.
2. Personal interpretation.
Article 1124 talks about the active choice and trade-off of the heir or legatee, while this article talks about the circumstances under which the inheritance right will be passively deprived. Inheritance is the inheritance and protection of private property, and the right of inheritance is acquired by birth based on blood kinship, and there is no other external force that can deprive the heir of this "natural inheritance" except for the choice made by the decedent autonomy, unless the heir himself dies.
The first paragraph lists the five circumstances in which the heir may die:
The first is the intentional killing of the decedent, which was originally the crime of intentional homicide in the criminal law, because the criminal evaluation and the civil evaluation are parallel evaluation systems, the criminal law relies on coercive force to sanction the criminal act without interfering with the autonomy of will in private law, and there is no penalty that restricts civil rights in the criminal law measures, so the criminal who receives the punishment still enjoys civil rights. Due to the special relationship between the decedent and the heir, after the intentional killing occurs, it is no longer possible to express the intention, at this time, if the heir who committed the murder is allowed to inherit the inheritance in accordance with the inheritance rules, although it will reflect the clear legal boundary between public and private, but for the decedent, the inheritance will be transferred to the ** place where he is deprived of his life, which not only violates the basic value judgment and damages the rights of the decedent, but also encourages such behavior, which will not be accepted by morality and law, so he will be deprived of his inheritance right.
second, killing other heirs;The jurisprudence and logic are basically the same as the killing of the decedent, and from the point of view of the circulation of private property, if the other heirs are not killed, they will receive the inheritance, and if they are killed but their property can be obtained, it is obvious that this criminal act will be promoted;From the perspective of blood kinship, the opportunity for each heir to obtain the inheritance from the deceased is not only fair and orderly, but also contains the personal emotional sustenance of the decedent to the estrangement of relatives, and killing any one of them is an injury to the decedent, which will destroy the human ethics and legal order contained in the inheritance.
Third, the abandonment of the decedent or the abuse of the decedent is seriousBecause of the existence of kinship, the heir is often the person who has the obligation to take care of the decedent, and abandonment or abuse hastened the death of the decedent to some extent, although the direct deprivation of life is as direct as that, it is still a damage to the vital interests of the decedent and should not be encouraged.
Fourth, forgery, tampering, concealment, or destruction of wills, where the circumstances are serious;Fifth, fraud and coercion force or obstruction of the decedent to establish, change or withdraw the will, the circumstances are serious. These two situations will lead to untrue expressions of intent made by the decedent at a lesser level, and at worst acts that are contrary to the basic spirit of the autonomy of will in the civil law, and other acts that are untrue in general expressions of intent need to be further clarified or defined, and such acts should not benefit the person who made the act.
3. Practical application.
The acts specified in this article are all relatively heinous, and are usually associated with criminal review and evaluation, and if a dispute actually arises, it usually requires legal argumentation and analysis, and it is sufficient to seek the help of a professional lawyer.