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问:友人之子不幸车祸死亡,其媳已怀孕。在分割遗产时,已预留给胎儿一份,岂料其媳届分娩时胎死腹中。请问,胎儿继承的这份遗产该如何处理? 答:法律认为母亲怀孕尚未出生的称为胎儿。我国法律认为,公民的权利,始于出生,终于死亡。既然胎儿出生是活体就享有公民的权利,当然就享有继承权。我国继承法第二十八条规定:“遗产分割时,应当保留胎儿的继承权;胎儿出生时是死体的,保留的份额按照法定继承办理。”据此,胎儿应享有继承权,当
Q: The child of a friend died in a car accident and his wife was pregnant. In the division of the estate, has been reserved for the fetus, despite its daughter-in-law childbirth abdomen. Excuse me, how does this inheritance inherited by fetus be handled? A: The fetus is considered by law to have been unborn. Our country's law holds that the rights of citizens begin at birth and finally die. Since the birth of a fetus is entitled to the rights of citizens, of course, enjoy the right of inheritance. Article 28 of China's Inheritance Law stipulates: “When inheritance is divided, the fetus's right of inheritance shall be retained; when the fetus is born dead, its share shall be inherited in accordance with the law.” Accordingly, the fetus should have inheritance rights when