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放弃继承权,是指继承人于继承开始后、遗产分割前所作出的放弃继承被继承人遗产权利的意思表示。我国《继承法》关于放弃继承权的规定并不十分全面,放弃继承权作为单方法律行为,需要满足一定构成要件方能有效成立。在探讨继承权放弃构成要件的基础上,结合放弃继承权的溯及力,本文对被代位人放弃继承权时,代位人是否还享有代位继承权的问题进行探讨。
Abandon the right of inheritance, refers to the successor in the succession of the beginning, the division made prior to the renunciation of inheritance is inherited his right to express the meaning of inheritance. China’s “Inheritance Law” on the right to abandon the provisions of inheritance is not very comprehensive, to give up inheritance as a unilateral legal act, need to meet certain elements in order to be validly established. On the basis of discussing the elements that the right of inheritance gave up and the retrospective power of giving up the right of inheritance, this article probes into the issue of whether the subrogation also inherits the right of subrogation when the subrogation is abandoned by the subrogation.