Subrogation and transfer of inheritance are two ways of inheritance in the legal inheritance system. Both have the fact that their children die. The inheritance of the heirs is obtained by the heirs of the heir. After all, there are two different inheritance systems, with fundamental differences.
Subrogation inheritance is a legal system in which a heir to a heir directly participates in the inheritance of the inherited person s inheritance based on the right of subrogation when a legal situation occurs; and the succession to inheritance is a kind of continuous secondary inheritance. Rights, not inheritance of the inherited.
Subrogation occurs because the children of the heirs die before the heirs. However, the transfer of inheritance occurs due to the specific cause of death of the successor after the beginning of inheritance and before the division of the inheritance, so the cause of transfer of inheritance can only occur after the beginning of inheritance.
Subrogation succession is limited to the immediate family members of the subrogated successor. The person who accepts the inheritance is the heir of the transferred heir.
The nature of subrogation determines that subrogation is only applicable to legal inheritance. And the transfer of inheritance can be applied to both legal inheritance and will and inheritance.
Other heirs, such as the spouse, parents, siblings, grandparents, and grandparents of the heir, do not have subrogation before the death of the heir. Third, the heir to the subrogation must be a direct blood relative of the subrogated person.
The inheritance law stipulates that: If the child of the heir is dead before the heir, the child is succeeded by the descendants of the descendant s immediate blood. The Supreme People s Court further stated clearly in the implementation of the inheritance law that the grandchild of the heir, Grandchildren, great-grandchildren, and great-grandchildren can be subrogated and inherited, and the heirs are not restricted by generations.
If the subrogated heir loses the right of inheritance for legal reasons, it will cause the extinction of the right of subrogation. The Supreme People s Court stated in Article 28 of the Implementing Opinions : If an heir loses his right to inheritance , his immediate family members cannot inherit from his subordinate.