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  • Interpretation
  • No.70
  • Date
  • 1956/12/17
  • Issue
    • Do the legitimate children of adoptive parents, the adopted children of adoptive parents and the adopted children of biological parents all have the right of representation when an inheritor dies before the beginning of an inheritance?
  • Holding
    •        J.Y. Interpretation No.28 has explained that the relationship between an adoptive child and his biological parents is one of consanguinity-in-law. The situation where an inheritor dies before the beginning of an inheritance is different from the situation interpreted in J.Y. Interpretation No.57 where an inheritor relinquishes [or waives] his right of inheritance. The received document states that the biological children of adoptive parents, the adopted children of adoptive parents and the adopted children of biological parents all have the right of representative inheritance. Concerning the other stipulations of Article 1077 of the Civil Code, the law has made allowance or consideration for exceptional situations of consanguinity-in-law, such as the stipulation of Article 1142, Paragraph 2, of the Civil Code. 
      
    • *Translated by Lawrence L. C. Lee.
      
  • Reasoning
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