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继承权是指继承人依法取得被继承人遗产的权利。包括两种含义:(1)客观意义上的继承权:它是指继承开始前,公民依照法律的规定或者遗嘱指定而接受被继承人遗产的资格,即继承人所具有的继承遗产的权利能力。(2)主观意义上的继承权:它是指当法定的条件具备时,继承人对被继承人留下的遗产已经拥有的事实上的财产权利,即已经属于继承人并给他带来实际财产利益的继承权。这种继承权同继承人的主观意志相联系,不仅可以接受、行使、而且还可以放弃,是具有现实性、财产权的继承权。继承权的实现以被继承人死亡或宣告死亡时开始。
Inheritance refers to the heir to obtain the heir to the estate legally. Including two meanings: (1) In the objective sense of inheritance: it refers to the inheritance before the beginning of citizenship in accordance with the provisions of law or testament to accept the estate of the deceased eligibility, that heirs inherited the right to inherit the property. (2) Subjective sense of inheritance: It refers to the de facto property right that the heir has owned for the inheritance left by the heir when the statutory conditions are met, that is, the succession right which already belongs to the successor and brings him the actual property interest . This right of inheritance is linked with the subjective will of the heir, and can not only be accepted and exercised, but also given up. It is a right of inheritance with real and property rights. The realization of the right of inheritance begins when the deceased person dies or dies.