Research On The Inheritance Of Children Of Relay Parents In Civil Code ——Centered On The Interpretation Of Article 1127 Of Civil Code

There are two conditions for stepparents’ children to enjoy the legal right of inheritance,that is,the relationship of marriage and support.And whether the fostering relationship should be formed should be considered in combination with the factors such as whether the stepparents have fulfilled the duty of raising their minor stepchildren and whether the stepchildren have fulfilled the duty of supporting their stepparents.There are three types of stepparents and children who are supported by stepparents: first,stepparents perform the duty of raising their stepparents;Second,the stepchildren have fulfilled the duty of supporting their stepparents;Third,the stepparents and children have fulfilled the obligation of supporting each other.The first two types are unidirectional.According to the principle of the consistency of rights and obligations,the party who unilaterally enjoys rights but fails to fulfill the mutual obligations of steppants-children does not necessarily enjoy the right to inherit the other party’s inheritance.The third type belongs to the form of bidirectional nature,resulting in the rights and obligations between parents and children,mutual right of inheritance,subject to the adjustment of the parent-child relationship provisions of China’s civil Code.Therefore,unidirectional foster and unidirectional foster step-parents cannot claim inheritance rights according to Article 1127 of the Civil Code,while bidirectional foster step-parents can claim inheritance rights according to Article 1127 of the Civil Code.If the steppant has fulfilled the duty of raising and educating the steppant,or the steppant has fulfilled the duty of supporting the steppant,the party fulfilling the duty may,according to article 1131 of the Civil Code,divide the inheritance as appropriate.The civil Code of China does not specify the identification standard of "supporting relationship",nor does it specify the literal scope of "stepparents and children with supporting relationship",so that judges do not have unified judgment rules in the process of hearing cases.So it is necessary to clear the forming conditions of "child support",by explaining the theory of the method of article 1127 of the civil code "following" between parents and children in maintenance relationship with narrowed the explanation,it is limited to the bidirectional support type following the parents and children,in order to correctly apply the civil code,to achieve the purpose of legislation,namely security stepfather mother-child female of inheritance,maintain the remarried family harmony and stability.