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在司法实践中,对继承权何时转化为所有权问题,存在着两种意见:一种意见认为,继承开始时,继承人没有表示放弃继承,遗产的所有权就转移给继承人,继承权便转化为所有权;另一种意见认为,继承开始后,继承人应在法定时效内将遗产处理完毕,实际取得遗产的所有权,继承权才转化为所有权。由于认识不同,致使某些案件在适用法律和处理上,差异甚大。正确解决这一问题,对严肃执法,维护当事人的切身利益,具有重要的现实意义。本文拟就这一问题,提出个人浅见。 一、继承权的概念及与所有权的关系 继承权是指民事权利主体依法承受公民死亡所遗留财产的权利。依照法律规定与被继承人有一定亲属
In judicatory practice, there are two opinions on when the right of inheritance is transformed into the question of ownership. One opinion holds that at the beginning of the succession, the heir did not mean to give up the inheritance, and the ownership of the property was transferred to the heir, and the right of inheritance turned into ownership. According to one opinion, after the succession is started, the heir should dispose of the property within the statutory time limit and actually obtain the ownership of the property, so that the inheritance rights will be converted into ownership. Due to differences in understanding, certain cases are very different in their application of law and handling. Correctly resolving this issue has important practical significance for serious law enforcement and safeguarding the immediate interests of the parties concerned. This article intends to make a personal suggestion on this issue. First, the concept of inheritance and the relationship with ownership Inheritance refers to the rights of the subject of civil rights to inherit the property left behind by the citizen's death according to law. In accordance with the law and the deceased have some relatives