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在夫妻关系存续期间,若被继承人未立遗嘱或所立遗嘱未明确表明遗产只归继承人一方所有,继承人一方可否不征得其配偶的同意而单独放弃继承?实践中有两种不同的观点,其分歧在于放弃继承标的以及《继承法》第25条与《婚姻法》第17条的法律适用。通过明确放弃继承标的为继承权、遗产分割前继承人遗产所有权的特殊性,理顺“新一般法”与“旧特别法”的法律适用关系,肯定放弃继承保护人格自由的宗旨,论证了单独放弃继承的有效性。
During the existence of the husband and wife relationship, if the decedent did not make a will or the testament did not make it clear that the property was only owned by the heir, whether the heir could give up the inheritance alone without the consent of his spouse? There are two different views in practice, The difference lies in the abandonment of succession marks and the application of Article 25 of the Inheritance Law and Article 17 of the Marriage Law. By clearly abandoning the inheritance right and the particularity of the heir inheritance before inheritance, we should rationalize the legal relationship between “the new general law” and the “old special law”, and certainly give up the purpose of inheritance and protection of personal freedom. The effectiveness of abandoning inheritance alone.