Book Five Marriage and Family

Chapter I General Rules

Article 1040

This Book regulates the civil-law relations arising from marriage or family.

Article 1041

Marriage and family are protected by the State.

A marriage system based on freedom of marriage, monogamy, and equality between men and women is implemented.

The lawful rights and interests of women, minors, the elderly, and persons with disabilities are protected.

Article 1042

Arranged marriages, mercenary marriages, and other acts interfering with the freedom of marriage are prohibited. The exaction of money or other property by way of marriage is prohibited.

Bigamy is prohibited. No one who has a spouse may cohabit with another person.

Domestic violence is prohibited. Maltreatment or desertion of family members is prohibited.

Article 1043

Families shall establish good family values, promote family virtues, and enhance family civility.

Husband and wife shall be loyal to each other, respect each other, and care for each other. Family members shall respect the elderly, take care of the young, help  each other, and maintain a marital and familial relationship of equality, harmony, and civility.

Article 1044

Adoption shall be in compliance with the principle of acting in the best interest of the adoptee, and the lawful rights and interests of both the adoptee and the adopter shall be protected.

Trafficking minors in the name of adoption is prohibited.

Article 1045

Relatives include spouses, relatives by blood, and relatives by marriage.

Spouses, parents, children, siblings, paternal and maternal grandparents, and paternal and maternal grandchildren are close relatives.

Spouses, parents, children, and other close relatives living together are family members.

Chapter II Entering into Marriage

Article 1046

A man and a woman shall enter into marriage freely and voluntarily. Neither

party may compel the other party to enter into marriage against his will, and no organization or individual may interfere with the freedom of marriage.

Article 1047

To enter into a marriage, a man shall reach the age of twenty-two, and a woman shall reach the age of twenty.

Article 1048

Persons who are lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship are prohibited from being married.

Article 1049

Both the man and the woman intending to enter into a marriage shall file registration of the marriage in person with a marriage registration authority. If the proposed marriage is found to conform to the provisions of this Code, the marriage shall be registered and a marriage certificate shall be issued. A marital relationship shall be established upon completion of the marriage registration. The couple who has failed to file a marriage registration shall complete the registration.

Article 1050

After a marriage has been registered, by mutual consent, the woman may become a member of the man’s family or vice versa.

Article 1051

A marriage is void in any of the following situations:

(1)   either party to the marriage commits bigamy;

(2)   the parties to the marriage fall within the relative relations prohibited by law from marrying each other; or

(3)   either party to the marriage is under the statutory marriageable age.

Article 1052

If a marriage is entered into as a result of coercion, the coerced party may apply to the people’s court to annul the marriage.

Such an application to annul the marriage shall be made within one year from the date of the coercive act ceases.

Where the coerced party whose personal freedom is illegally constrained wishes to annul the marriage, the application to annul the marriage shall be made within one year from the date when the party’s personal freedom is restored.

Article 1053

If one of the parties suffers from a serious disease, he shall truthfully inform the other party of such disease prior to marriage registration; where such information is not truthfully provided, the other party may apply to the people’s court to annul the marriage.

The party in need of spousal support is entitled to claim such payments against the other party who has failed to fulfill the spousal support duty.

Article 1060

A civil juristic act performed by one of the spouses to meet the daily needs of the family is binding on both spouses unless otherwise agreed between the third person and the spouse performing the act.

Restrictions imposed by the spouses on the scope of civil juristic acts that may be performed by one of the spouses may not be asserted against abona fidethird person.

Article 1061

Husband and wife have the right to inherit the estates of each other.

Article 1062

The following property acquired by the spouses during their marriage constitutes community property and are jointly owned by the spouses:

(1)   salaries and wages as well as bonuses and other remuneration received from services rendered;

(2)   proceeds obtained from production, business operation, and investment;

(3)   proceeds arising from intellectual property rights;

(4)    except as otherwise provided in Subparagraph (3) of Article 1063 of this Code, property acquired from inheritance or given as a gift; and

(5)   other property that shall be jointly owned by the spouses.

Husband and wife have equal rights when disposing of the community property.

Article 1063

The following property constitutes separate property of one of the spouses:

(1)   premarital property of one spouse;

(2)   compensation or indemnification received by one spouse for injury inflicted upon him;

(3)     property that belongs to only one spouse as provided in a will or gift contract;

(4）articles exclusively used by one spouse for daily life; and

(5) other property that shall be owned by one spouse.

Article 1064

Debts incurred according to the common expression of intent of both spouses, such as a debt jointly signed by both spouses and a debt signed by one spouse and subsequently ratified by the other spouse, and debts incurred by one of the spouses in his own name during the marriage to meet the daily needs of the family, constitute community debts.

A debt incurred by one of the spouses in his own name during the marriage in excess of the daily needs of the family is not a community debt, unless the creditor may prove that such debt is used for both spouses’ daily life or for joint production and operation of the spouses, or such debt incurs according to the common expression of intent of both spouses.

Article 1065

A man and a woman may agree that their premarital property and the property to be acquired by them during their marriage may be owned by them separately or jointly, or partially owned separately and partially owned jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, Articles 1062 and 1063 of this Code shall apply.

The agreement on their premarital property and the property acquired during the marriage is legally binding on both parties to the marriage.

Where the spouses agree that the property acquired during the marriage is to be owned separately, a debt incurred by one of the spouses shall be paid off with his separate property to the extent that the third person concerned is aware of such an agreement.

Article 1066

During the marriage, one of the spouses may apply to the people’s court for partition of their community property in one of the following situations:

(1)   the other spouse has concealed, transferred, sold, destructed or damaged, or squandered the community property, created a false community debt, or committed other acts that seriously infringe upon the interests of the community property; or

(2)   a person, whom one of the spouses has a statutory obligation to support, is suffering from a serious disease and needs medical treatment, but the other spouse does not agree to pay the relevant medical expenses.

Section 2

Relationship between Parents and Children, and Relationship among Other Close Relatives

Article 1067

Where parents fail to fulfill their duty to raise their children, a minor child or an adult child who is incapable of supporting himself has the right to claim child support payments against his parents.

Where an adult child fails to fulfill the duty to support his parents, his parents who lack the capacity to work or are in financial hardship have the right to claim support payments against the adult child.

Article 1068

Parents have the right and duty to educate and protect their minor children. Where a minor causes damage to others, his parents shall bear civil liability in accordance with law.

Article 1069

Children shall respect their parents’ right to marriage and shall not interfere with their parents' divorce, remarriage, or their marital life thereafter. Children's duty to support their parents shall not end with the change of their parents' marital relationship.

Article 1070

Parents have the right to inherit their children’s estates, and vice versa.

Article 1071

Children born out of wedlock have equal rights as children born in wedlock, and no organization or individual may harm or discriminate against them.

A natural parent who does not have physical custody of his out-of-wedlock child shall pay child support for such child who is a minor or who is an adult but incapable of supporting himself.

Article 1072

Stepparents shall not maltreat or discriminate against a stepchild, and vice-versa.

Provisions of this Code governing the parents-children relationship shall apply to the rights and duties between a stepmother or a stepfather and a stepchild who has been raised and educated by such stepfather or stepmother.

Article 1073

Where a parent challenges maternity or paternity with just cause, the parent may file a lawsuit with the people's court for affirmation or denial of such maternity or paternity.

Where an adult child challenges maternity or paternity with just cause, he may file a lawsuit with the people’s court for affirmation of such maternity or paternity.

Article 1074

Paternal or maternal grandparents, if financially capable, have the duty to raise their minor grandchildren whose parents are deceased or are incapable of such raising.

Paternal or maternal grandchildren, if financially capable, have the duty to support their grandparents whose children are deceased or are incapable of providing such support.

Article 1075

Elder brothers or sisters, if financially capable, have the duty to raise their minor siblings whose parents are deceased or are incapable of such raising.

Younger brothers or sisters who have been brought up by their elder siblings and who are financially capable have the duty to support such elder siblings who lack both the capacity to work and the means to support themselves.

Chapter IV Divorce

Article 1076

Where the husband and the wife both agree to divorce, they shall enter into a divorce agreement in writing and file divorce registration in person with the marriage registration authority.

The divorce agreement shall include expression of intent of both parties to voluntarily divorce and their mutual agreement on such matters as child support, property division, and allocation of debts.

Article 1077

Where either party is unwilling to divorce, he may withdraw the divorce registration application within thirty days after such an application is received by the marriage registration authority.

Within thirty days after expiration of the period provided in the preceding paragraph, both parties shall personally visit the marriage registration authority to apply for issuance of a divorce certificate, and failing to do so will cause the divorce registration application to be deemed as withdrawn.

Article 1078

Upon ascertaining that the divorce is voluntarily intended and that the two parties have reached agreement on such matters as child support, property division, and allocation of debts, the marriage registration authority shall register the divorce and issue a divorce certificate.

Article 1079

Where the husband or the wife unilaterally petitions for divorce, a relevant organization may offer mediation, or such person may file for divorce directly with the people’s court.

The people’s court shall, during the divorce trial, offer mediation, and grant divorce if mutual affection no longer exists between the two parties and mediation fails.

A divorce shall be granted when mediation fails under any of the following circumstances:

(1)   one spouse commits bigamy or cohabitates with another person; or

(2)     one spouse commits domestic violence or maltreats or deserts a family member;

(3)   one spouse habitually commits acts such as gambling, drug abuse, or likewise, and refuses to correct such behavior despite of repeated warnings;

(4)   the spouses have been separated for no less than two full years due to marital discord; or

(5)     other circumstances exist under which mutual affection no longer exists between the spouses.

Where one spouse is declared to be missing and the other party files for divorce, such divorce shall be granted.

Where, after a judgment has been made against divorce and the spouses have been separated for one more year, such divorce shall be granted where one of the spouses files again for divorce with the people’s court.

Article 1080

A marital relationship is dissolved upon completion of registration of divorce or when a judgment of divorce or mediation paper of divorce comes into effect.

Article 1081

Where the spouse of a military personnel on active service requests for divorce, the consent of the spouse who is a military personnel on active service shall be obtained unless he is at serious fault.

Article 1082

A husband may not file for divorce during his wife’s pregnancy, within one year after his wife delivers, or within six months after termination of her pregnancy, unless the wife applies for divorce, or the people’s court deems it necessary to hear the divorce request made by the husband.

Article 1083

Where, after divorce, both the man and the woman intend to resume their marital relationship, they shall file for re-registration of marriage at a marriage registration authority.

Article 1084

The parents-children relationship shall not be dissolved upon divorce of the parents. Whether a child is under the physical custody of the father or the mother, he remains to be the child of both parents.

After divorce, parents continue to have the rights and duties to raise, educate, and protect their children.

As a matter of principle, a mother shall, upon divorce, have physical custody of her child under the age of two. Where parents fail to reach an agreement on the physical custody of their child over the age of two, the people’s court shall adjudicate it in compliance with the principle of acting in the best interests of the minor child and in light of the actual situations of both parents.

Article 1085

Upon divorce, where a parent has the physical custody of his child, the other parent shall pay for the child support in part or in whole. The amount and duration of such payment shall be determined by both parents through agreement, or, where no such an agreement is reached, adjudicated by the people’s court through making a judgment.

The agreement or judgment provided in the preceding paragraph shall not preclude the child, when necessary, from making reasonable demand of payment on either parent in excess of the amount specified in the agreement or judgment.

Article 1086

After divorce, a parent who does not have the physical custody of his child has the right to visit the child, and the other parent is obligated to facilitate the visit.

The manner and schedule for exercising the right to visitation shall be determined by both parents through agreement, or, where no such an agreement is reached, adjudicated by the people’s court.

If a parent's visit to a child is detrimental to the child's physical or mental health, the visit shall be suspended by the people’s court in accordance with law, and the visit shall be resumed when the cause for such suspension no longer exists.

Article 1087

Upon divorce, the community property of the spouses shall be partitioned by them through agreement, or, where no such an agreement is reached, adjudicated by the people's court in light of the actual state of the property and in compliance with  the principle of favoring the rights and interests of their children, the wife, and the no-fault party.

The rights and interests of the husband or wife arising from the contractual management of land based on the household shall be protected in accordance with law.

Article 1088

Where one spouse is burdened with additional duties for raising children, looking after the elderly, or assisting the other spouse in his work, the said spouse has the right to request for compensation upon divorce against the other party, and the other party shall make due compensation. The specific arrangements for making such compensation shall be determined by the spouses through agreement, or adjudicated by the people’s court where no such an agreement is reached.

Article 1089

Upon divorce, the husband and wife shall jointly pay off their community debts. Where the community property is insufficient to pay off the debts, or the property is owned by each spouse separately, such debts shall be paid off by the spouses through agreement, or adjudicated by the people’s court where no such an agreement is reached.

Article 1090

Where one party is in financial hardship upon divorce, the other party, if financially capable, shall render appropriate assistance. The specific arrangements shall be determined by the spouses through agreement, or adjudicated by the people’s court where no such an agreement is reached.

Article 1091

A no-fault spouse has the right to claim compensation where divorce is caused by one of the following acts done by the other spouse:

(1)   has committed bigamy;

(2)   has cohabitated with another person;

(3)   has committed domestic violence;

(4)   has maltreated or deserted a family member; or

(5)   has acted with other serious faults.

Article 1092

Where one spouse conceals, transfers, sells off, destructed or damages, or squanders the community property, or creates a false community debt in an attempt to unlawfully seize the property of the other spouse, the said spouse may receive less or no property upon partition of the community property in the case of divorce. Where one of the aforementioned acts committed by one spouse is found after divorce, the other party may file a lawsuit with the people's court for re-partition of the community property.

Chapter V Adoption

Section 1

Establishment of an Adoptive Relationship

Article 1093

The following minors may be adopted:

(1)   an orphan bereaved of parents;

(2)   a minor whose natural parents cannot be traced; or

(3)    a minor whose natural parents are incapable of raising him due to unusual difficulties.

Article 1094

The following individuals and organizations may place a minor for adoption:

(1)   the guardian of an orphan;

(2)   a children’s welfare institution;

(3)   a minor’s natural parents who are incapable of raising him due to unusual difficulties.

Article 1095

Where neither of the parents of a minor has full capacity for performing civil juristic acts, and where they may seriously harm the minor, the guardian of the minor may place such minor for adoption.

Article 1096

Where a guardian intends to place an orphan under his guardianship for adoption, he shall obtain the consent of the person who has the duty to raise the orphan. Where the person with the duty to raise the orphan does not consent to the adoption and the guardian is unwilling to continue exercising guardianship, a successive guardian shall be appointed in accordance with the provisions of Book One of this Code.

Article 1097

Where the natural parents intend to place their child for adoption, they shall act in concert. Where one of the natural parents is unknown or cannot be traced, the other parent may place the child for adoption by himself.

Article 1098

A prospective adopter shall meet all the following conditions:

(1)   having no child or only one child;

(2)   being capable of raising, educating, and protecting the adoptee;

(3)     not suffering from any disease that is deemed medically unfit to be an adopter;

(4)   having no criminal record unfavorable to the healthy growth of the adoptee and

(5)   reaching the age of thirty.

Article 1099

Adoption of a child from one’s collateral relatives by blood of the same generation and up to the third degree of kinship may be exempted from the restrictions provided in Subparagraph (3) of Article 1093, Subparagraph (3) of Article 1094, and Article 1102 of this Code.

Adoption of a child by an overseas Chinese from his collateral relatives by blood of the same generation and up to the third degree of kinship may also be exempted from the restrictions prescribed in Subparagraph (1) of Article 1098 of this Code.

Article 1100

A childless adopter may adopt two children, and an adopter with one child may adopt only one more child.

Adoption of an orphan, a minor with disabilities, or a minor in a children’s welfare institution whose natural parents cannot be traced may be exempted from the restrictions provided in the preceding paragraph and Subparagraph (1) of Article 1098 of this Code.

Article 1101

Where a person with a spouse intends to adopt a child, the person and his spouse shall jointly adopt the child.

Article 1102

Where a person without a spouse intends to adopt a child of a different gender, the prospective adopter shall be at least forty years older than the adoptee.

Article 1103

A stepparent may, with the consent of the natural parents of the stepchild, adopt the stepchild, and such adoption may be exempted from the restrictions provided in Subparagraph (3) of Article 1093, Subparagraph (3) of Article 1094, Article 1098, and Subparagraph (1) of Article 1100 of this Code.

Article 1104

Both adoption and placing for adoption shall be based on mutual consent. Where a minor adoptee is aged eight or above, his consent shall be obtained.

Article 1105

Adoption shall be registered with the civil affairs department of the people's government at or above the county level. The adoptive relationship is established upon registration.

In the case of adopting a minor whose parents cannot be traced, the civil affairs department for adoption registration shall make public notice prior to the registration.

The parties to an adoptive relationship may enter into an adoption agreement on a voluntary basis.

Upon request of both parties or one of the parties to an adoptive relationship, an

adoption shall be notarized.

Article 1106

Upon establishment of an adoptive relationship, the public security department shall facilitate household registration for the adoptee in accordance with the relevant regulations of the State.

Article 1107

An orphan or a child whose natural parents are incapable of raising him may be raised by the relatives or friends of his natural parents. The provisions of this Chapter shall not apply to the relationship between two persons one of whom is raised by the other.

Article 1108

Where one spouse is deceased and the surviving spouse intends to place their minor child for adoption, the parents of the deceased spouse shall have priority in raising the child.

Article 1109

Foreign nationals may adopt children in the People's Republic of China in accordance with law.

The adoption of a child by a foreign national in the People's Republic of China shall be subject to the review and approval of the competent authorities of the foreign national's country of residence in accordance with the law of that country. The foreign adopter shall submit documents issued by the competent authorities of his country of residence certifying such personal information as his age, marital status, occupation, financial situation, physical condition, and whether he has criminal record. The foreign adopter shall conclude a written agreement with the person who places the child for adoption and register the adoption in person with the civil affairs department of the people’s government at the level of provinces, autonomous regions, or municipalities directly under the State Council.

The certifying documents provided in the preceding paragraph shall be authenticated by the diplomatic authorities of the country in which the foreign national resides or by an agency authorized by the said diplomatic authorities, and then authenticated by the embassy or consulate of the People's Republic of China in the said country unless otherwise provided by the State.

Article 1110

Where an adopter or a party placing a child for adoption requires that the adoption be kept confidential, the other persons shall respect their will and shall not disclose it.

Section 2 Effect of Adoption

Article 1111

Upon establishment of an adoptive relationship, the provisions of this Code governing the parents-children relationship shall apply to the rights and duties between the adoptive parents and the adopted children. The provisions of this Code governing the relationship between children and the close relatives of their parents shall apply to the rights and duties between the adopted children and the close relatives of their adoptive parents. Upon establishment of an adoptive relationship, the rights and duties arising between the adoptee and his natural parents as well as the latter’s other close relatives shall be terminated.

Article 1112

An adopted child may take the surname of his adoptive father or mother, or may retain his original surname upon consent of all the parties to the adoption.

Article 1113

An adoption shall be void when it constitutes a void civil juristic act as provided in Book One of this Code or violates the provisions provided in this Book. A void adoption has no legal effectab initio.

Section 3

Dissolution of an Adoptive Relationship

Article 1114

No adopter may dissolve an adoptive relationship before the adoptee has reached the majority age unless there is an agreement between the adopter and the party who places the child for adoption to dissolve such relationship. Where an adoptee is aged eight or above, his own consent thereto shall be obtained. Where an adopter fails to perform the duty to raise the adoptee or commits maltreatment, desertion, or  other acts infringing upon the lawful rights and interests of the minor adoptee, the person who has placed the child for adoption has the right to request that the adoptive relationship be dissolved. Where an adopter and a party who has placed a child for adoption fail to reach an agreement for dissolution of the adoptive relationship, either party may file a lawsuit with the people’s court.

Article 1115

Where the relationship between the adoptive parents and the adopted child who has become an adult so deteriorates that they are unable to live together, the adoption may be dissolved by agreement. Where the parties fail to reach such an agreement, either party may file a lawsuit with the people's court.

Article 1116

Where the parties agree to dissolve an adoptive relationship, they shall register the dissolution with the civil affairs department.

Article 1117

Upon dissolution of an adoptive relationship, the rights and duties between an adoptee and his adoptive parents as well as the latter’s other close relatives shall be terminated, and the rights and duties between the adoptee and his natural parents as well as the latter’s other close relatives shall be automatically restored. However, while an adopted child has become an adult, whether the rights and duties between such an adoptee and his natural parents as well as the latter’s other close relatives are to be restored may be decided through consultation.

Article 1118

After dissolution of an adoptive relationship, an adoptee who has been raised up by the adoptive parents and now become an adult shall provide living expenses to his adoptive parents who lack both the capacity to work and the means to support themselves. Where an adoptive relationship is dissolved because the adopted child maltreats or deserts his adoptive parents after the adopted child has become an adult, the adoptive parents may request the adoptee to compensate for the expenses incurred to raise the adoptee during the adoption period.

Where dissolution of an adoptive relationship is required by the natural parents of the adoptee, the adoptive parents may request the natural parents of the adoptee to appropriately compensate for the expenses incurred to raise the adoptee during the adoption period, unless the adoptive relationship is dissolved because the adoptive parents maltreat or desert the adoptee.

Book Six Succession

Chapter I General Rules

Article 1119

This Book regulates the civil-law relations arising from succession.

Article 1120

The State protects a natural person’s right to inheritance.

Article 1121

Succession begins upon the death of a decedent.

Where two or more persons with the right to inherit each other’s estate die in the same incident and it is difficult to determine the time of each person’s death, the person without any other successor is presumed to have predeceased those with other successor(s). Where the aforementioned deceased persons are from different generations and all of them have other successor(s), the person of the elder generation is presumed to have predeceased those of the younger generation; or, where the deceased are in the same generation, they are presumed to have died simultaneously and no succession occurs between or among them.

Article 1122

An estate refers to the property lawfully owned by a natural person upon death.

An estate not inheritable according to the provisions of law or based on the nature of the estate may not be inherited.

Article 1123

After succession opens, it shall be processed as an intestate succession, or where there is a will, as a testate succession by the successor(s) or donee(s)-by-will; or be processed in accordance with the agreement on testamentary gift for inter vivos support, where there is such an agreement.

Article 1124

A successor who, after the opening of succession, disclaims an inheritance shall manifest his decision in writing before the estate is disposed of. In the absence of such a manifestation, he is deemed to have accepted the inheritance.

A donee-by-will shall, within 60 days after he learns of the testamentary gift, manifest his decision to accept or disclaim it. In the absence of such a manifestation within the specified period, he is deemed to have disclaimed the gift.

Article 1125

A successor is disinherited if he has committed any one of the following acts:

(1)   intentionally killing the now decedent;

(2)   killing any other successor in fighting over the estate;

(3)   abandoning the now decedent, or maltreating him and the circumstances are serious;

(4)      forging, tampering with, concealing, or destroying the will, and the circumstances are serious; or

(5)   through fraud or duress, compelling or interfering with the testator to write, alter, or revoke a will, and the circumstances are serious.

A successor who had committed one of the acts listed in Subparagraphs (3) through (5) of the preceding paragraph shall not be disinherited if he truly repented and amended his ways, and was forgiven by the now decedent or was thereafter appointed as one of the successors in the decedent’s will.

A donee-by-will who has committed the act listed in the first paragraph of this Article loses his right to receive the testamentary gift.

Chapter II Intestate Succession

Article 1126

Men and women are equal in their right to inheritance.

Article 1127

The estate of a decedent shall be succeeded in the following order:

(1)   first in order: spouse, children, and parents;

(2)   second in order: siblings, paternal grandparents, and maternal grandparents.

When succession opens, the successor(s) first in order shall inherit to the exclusion of the successor(s) second in order. The successor(s) second in order shall inherit the estate in default of any successor first in order.

“Children” referred to in this Book include children born in or out of wedlock, and adopted children, as well as stepchildren who were raised up by the decedent.

“Parents” referred to in this Book include blood parents and adoptive parents, as well as stepparents who raised the decedent.

“Siblings” referred to in this Book include siblings of whole blood and half blood, and adopted siblings, as well as stepsiblings who supported or were supported by the decedent.

Article 1128

Where a decedent is predeceased by a child of his, the lineal descendants of the predeceased child shall inherit in subrogation.

Where a decedent is predeceased by a sibling of his, the children of the predeceased sibling shall inherit in subrogation.

Successors who inherit in subrogation generally may only take the share of the estate per stirpes.

Article 1129

Widowed daughters-in-law or sons-in-law who have made predominant contributions in supporting their parents-in-law shall, in relationship to their parents-in-law, be regarded as successors first in order.

Article 1130

Successors same in order shall, in general, inherit share and share alike.

When distributing an estate, due consideration shall be given to a successor who has special financial difficulties and is unable to work.

When distributing an estate, a successor who has made predominant contributions in supporting the now decedent, or who has been living with the now decedent may be given a larger share.

When distributing an estate, a successor who had the ability and was in  a position to support the now decedent but failed to fulfill the duty of support shall be given no or a smaller share.

Successors may take unequal shares upon agreement among them.

Article 1131

An appropriate share of the estate may be given to a person, other than a successor, who has been a dependent of the now decedent, or to a person, other than a successor, who has made considerable contributions in supporting the now decedent.

Article 1132

Any issue arising from succession shall be dealt with through consultation by and among the successors in the spirit of amity, unity, mutual understanding, and accommodation. The time and mode for partitioning the estate and the shares to be distributed shall be determined by the successors through consultation. Where no agreement is reached through consultation, they may apply to a people’s mediation committee for mediation or institute legal proceedings in the people’s court.

Chapter III

Testate Succession and Testamentary Gift

Article 1133

A natural person may, by making a will in accordance with the provisions of this Code, dispose of his estate and may appoint an executor in the will.

A natural person may, by making a will, designate one or more of his statutory successors to inherit his estate.

A natural person may, by making a will, donate his estate to the State or a collective, or an organization or individual other than his statutory successor.

A natural person may, in accordance with law, create a testamentary trust.

Article 1134

A holographic will is one written by the testator’s hand and signed by him, specifying the year, month, and day of its making.

Article 1135

A will written on behalf of the testator shall be attested by two or more witnesses, of whom one writes the will, specifying the year, month, and day of its making, and signs it along with the other witness(es) and with the testator.

Article 1136

A will in printed form shall be attested by two or more witnesses. The testator and the witnesses shall sign and specify the year, month, and day on each page.

Article 1137

A will made in the form of an audio or video recording shall be attested by two or more witnesses. The testator and the witnesses shall record their names or likeness in the recording and specify the year, month, and day of its making.

Article 1138

A testator may, when facing imminent danger, make a nuncupative will. A nuncupative will shall be attested by two or more witnesses. When the imminent danger is removed and where the testator is able to make a will in writing or in the form of an audio or video recording, the nuncupative will thus made becomes invalid.

Article 1139

A notarized will is one made by a testator through a notary agency.

Article 1140

None of the following persons is eligible to act as a witness to a will: