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9.3.11

How exercise minors succession rights

Sixth inheritance law provides: \"the incapacitated person\'s right to inherit, the right to bequests, by his legal representatives on behalf of the exercise. \"\" Rights to limit the right to inheritance, bequest of capacity, by his legal representatives on behalf of the exercise, or consent of the legal representatives exercise. ”


Capacity, right after his intention to have a civil legal qualifications. National law have reached the legal age for capacity of natural persons, at a certain age of minors, mentally ill and is declared as a treatment of persons under disability-ban people. Limited capacity means a natural person capacity restrictions, only not eligible for full capacity, which is only a portion of a person under disability. In judicial practice for a person under 18 years of age over 16 years old, set off from the protection of their legitimate rights, acknowledge that they have some capacity, that is, limiting capacity.


Statutory agent, that due to the legal provisions on direct and proxy agent behavior.


Incapacitated person and limit the conduct of guardians and protection of people of their legal representatives; legal representative of the legal authorities. China\'s marriage law article 17th: \"parents have the management and protection is not as children of the rights and obligations, in minor children cause damage to the State, collective or others, parents have the obligation to compensation for economic losses. \"Under this provision, parents are the legal representative of the minor child.


Above the law and rule of law, minors \' exercise of the right to inheritance and bequests are divided into two cases:


① No conduct shall be exercised by their parents or guardian on behalf of;


② some capacity limit capacity, that can be exercised by their parent or guardian on behalf of, or the consent of parents or guardians consent to exercise it by yourself.

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