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读《法学》一九八二年第五期刊登的刘涌同志《关于继承应从何开始的探讨》一文,感到有三个问题需要进一步研究.一、继承权的取得和继承开始的区别及相互关系.继承权是指对某人遗产享有继承的权利.这种权利的取得,有三种情况:一是以血缘关系、婚姻关系为前提,如夫妻、父母子女、兄弟姐妹、祖父母、外祖父母等.二是以姻亲关系并已和被继承人建立了权利、义务关系为前提,如与被继承人长期共同生活的继子女、寡媳等.三是被继承人的合法遗嘱中指定的继承人,以遗嘱生效取得继承权.前两种继承权是在继承开始之前就取得的,遗
Reading the article entitled “The Law of Inheritance Should Begin”, “Law” published in the fifth issue of 1982, I feel that there are three issues that need further study: First, the difference and mutual relations between the acquisition of inheritance and the beginning of inheritance Refers to the inheritance of a person's inheritance rights.This acquisition of rights, there are three situations: First, to blood relations, the premise of marital relations, such as husband and wife, parents and children, siblings, grandparents, etc. Second, Marriage and relationship with the heirs have been established rights and obligations as the premise, such as long-term live with the heirs of step-children, widowed daughter, etc. Third is the successor to the heir specified in the will of the heir to obtain the succession by the Will The two kinds of inheritance rights are acquired before the inheritance begins