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继承人不仅享有继承遗产的权利,同时拥有放弃继承的自由,二者均系其对继承权的一种处分。继承开始后,继承人作出放弃自己继承地位和应继份意思表示者,为放弃继承,其对放弃继承人自身、其他继承人及其债权人均产生不同的法律效力。本文以前述三个方面为视角,结合比较法规定对放弃继承效力中的重点争议问题进行探究。
The heirs not only enjoy the right to inherit the inheritance, but also have the freedom to give up their inheritance, both of which are a measure of their succession rights. After the succession begins, the heir who gives up his or her successor status and who should act according to the meaning of the succession, has the different legal effect on renouncing the heir himself, other heirs and his creditors in order to give up his succession. In this paper, the above three aspects of perspective, combined with the provisions of comparative law to abandon the issue of succession in the focus of controversial issues.