僧侣遗产归属的争议屡有发生,尚未取得共识。随着经济、社会的发展,僧尼逐渐拥有私有财产,形成出家前所享有财产等可能的类型。从僧侣遗产处置的历史沿革来看,逐渐从不承认其私人所有性质从而加以剥夺向有限承认其意愿从而以遗赠、遗赠抚养协议乃至世俗亲属继承的方式转变。僧侣遗产问题不是继承权问题,并不适用继承法上的遗嘱、遗赠等制度。僧侣出家时通过离婚、取得父母亲书面同意等要件脱离世俗家庭的权利义务关系,与寺院订立死因赠与契约,在僧侣死亡时,就僧侣遗产范围内赠与之债应当优先受偿。僧侣遗产问题中,有规约的,应当首先按数方当事人达成一致的规约处理,僧侣共同体作为享有免税待遇的非营利组织,不可就该死因赠与契约的权利义务内容进行变更,不可放弃自身对于契约中约定死亡时遗产转移的取得权。 Disputes over the ownership of monks have occurred frequently, but no consensus has yet been reached. With economic and social development, monks and nuns gradually own private property and form possible types of property that they enjoyed before their families. From the historical evolution of the monks’ inheritance, they have gradually denied their private ownership and thus have been deprived of their desire to change their status as bequests, bequests and even secular relatives. The issue of monks’ inheritance is not the question of inheritance, and the system of wills and bequests on inheritance laws is not applicable. When a monk divorces his mother and obtains the written consent of the mother and father and other elements from the rights and obligations of the secular family, the monk enters into a death gift contract with the monastery. At the death of the monk, the monies should be given priority in repaying the debts they give to the monk. Among the monastic heritage issues, if there is a statute, it should first be dealt with by a number of parties that have reached a consensus. The monk community, as a non-profit organization enjoying tax-exempt treatment, may not change the rights and obligations of the deed of donation and should not give up its own contractual obligations In the death of the agreed transfer of the right to obtain the property.