民法繼承編施行法

Inheritance cases that started before the inheritance chapter of the Civil Code took effect are governed by this implementation act’s special rules, not the Civil Code inheritance chapter; the same applies to cases started before the amendment, unless this act specially provides otherwise.

This provision gives transitional rules for inheritances started before the amendment: some cases follow the revised renunciation rules, and certain heirs with incapacity or limited capacity are liable for debts only up to the inherited estate, unless a creditor proves manifest unfairness.

繼承人對特定保證契約債務，只在所得遺產範圍內負清償責任；但如果債權人能證明顯失公平，則不受此限。

本條就修正前已開始的繼承，規定繼承人在特定情況下只以所得遺產為限清償債務；已依舊規定清償的債務，不得再請求返還。

關於特留分的規定，也適用於施行前立下、但在施行後才發生效力的遺囑。

This provision sets when the implementing law and related amended provisions take effect.

在民法繼承編施行前已完成消滅時效，或時效剩餘不到一年的請求權人，可以在施行日起一年內行使請求權；但若已超過時效期間二分之一，則不適用。

The preceding article applies mutatis mutandis to statutory periods in the inheritance provisions of the Civil Code that are not prescriptive in nature.

Wills that prohibit dividing an inheritance keep the pre-amendment period rule if they took effect before the Civil Code inheritance chapter was amended; any remaining period that exceeds 10 years from the amendment’s effective date is reduced to 10 years.

An oral will that was already effective before the amendment and had not yet reached one month when the amendment took effect is governed by amended Civil Code Article 1196.

關於喪失繼承權的規定，也適用於施行前已發生的事實。

Legacy children established before the inheritance chapter took effect have the same inheritance order and share as legitimate children for inheritances that begin afterward.

For inheritances that began before the Civil Code inheritance chapter took effect, if the deceased had no direct lineal descendants and no other heirs existed under the law then in force, heirs are determined under the Civil Code inheritance chapter from the date it took effect.

民法繼承編施行前設置的遺產管理人，其權利義務自施行日起適用民法繼承編規定。