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以婚姻和血缘为重要基础的继承法是我国民法体系的重要组成部分,与公民的生活紧密相关,然而我国法律并没有对“继承人在未经配偶同意的情况下单方放弃继承”的效力加以明确规定,因此在司法实践中将不可避免的出现同案不同判的情况。本文笔者将通过对国内学术界的不同观点及主流学说对此加以研究,从民法理论分析的角度去回答“继承人在未经配偶同意情况下单方放弃继承”的法律效力,认为“继承人在未经配偶同意情况下单方放弃继承权是合法、有效的,其放弃继承权并没有侵害配偶的既有利益”。
The law of succession, which is based on marriage and blood relationship, is an important part of China’s civil law system and is closely related to the life of citizens. However, our law does not have the effect of “heir abandoning inheritance unilaterally without consent of spouse” To be clearly defined, so in judicial practice will inevitably appear in different cases with the same sentence. In this paper, the author will study the different views of the domestic academic circles and the mainstream theory, and from the perspective of the theoretical analysis of civil law to answer the legal effect of “heir unilaterally giving up his inheritance without the consent of his spouse”, believing that “heir It is legal and valid to surrender the right of inheritance unilaterally without the consent of the spouse, and its abandonment of the right of inheritance does not infringe upon the existing interests of the spouse. ”