Separation of the inheritance and Division has a certain degree of contact, and limits of the principle. Inherited tended to with the separation or Division. However, inherited after all different from the separation of Division. A strict distinction between the two in terms of:
(A) are different in nature. Inheritance refers to the transfer of property ownership from the heir to heir right subject to change; and separation of property ownership of the Division is further clear, further defined the co-owner of the family of the Commons specifically which part of the common joint property be vested with independent ownership, property ownership of the main changes as a whole issue does not occur.
(B) the property basis is different. Inherited of property Foundation is was heir remnants of of living personal property, to for inherited of is was heir remnants of of living personal property, and separation on the production of property Foundation is family total property, is for separation on the production of with of property is all family total property, family members on this enjoyed common of ownership, as family members personal all of property is does not belonging to separation on the production of object. (C) the legal relations of the two different legal fact. Can cause legal relation to the succession of legal facts can only be heirs died naturally or were declared dead and separation of legal relations Division is usually the common accord of the legal facts.
(D) applicable law different. Handle matters relating to inheritance laws based on the law of succession; as a separate division of a legal basis is civil law, in our country is the People\'s Republic of China of the General principles of civil law, and, in many cases is based on habit.
(V) occurs at different times. Inheritance is only being heirs died naturally or were declared dead before beginning, inherited by the heir living is impossible problems; and separation of Division there is no such restriction.
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