女兒是否有遺產繼承權? Do Daughters Have the Right to Inherit Property?


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台灣流傳「嫁出去的女兒是潑出去的水」乙說,而總以女兒既已出嫁 (或將出嫁) 即不屬於家人,而不可繼承父母之遺產。這種說法是傳統「家父主義」下的產物,而與民法「男女平權」的精神扞格。

事實上,民法第1138條規定,「直系血親卑親屬」是配偶外的第一順位繼承人,女兒當然屬之。何況,民法並無曰合排除女性繼承人之規定,因此女性子孫亦是當然的法定繼承人,依法有遺產繼承權。如果民眾遇到娘家親屬拒絕其繼承遺產,記得堅定主張自己應有權益,千萬不要再讓充滿性別歧視的錯誤觀念繼續流傳!


There is a traditional saying in Taiwan: “A married daughter is like water that has been spilled.” Based on this belief, some people think that once a daughter is married (or about to marry), she no longer belongs to her original family and therefore cannot inherit her parents’ property. This idea comes from a patriarchal tradition and is completely inconsistent with the principle of gender equality in the Civil Code.

In fact, Article 1138 of the Civil Code clearly states that “Lineal descendants by blood” are the first in line to inherit, after the spouse. Daughters are definitely included in this category. Moreover, the Civil Code does not contain any provision excluding female heirs. This means daughter and other female descendants are legal heirs by default and have the right to inherit under the law. If a woman is ever denied her right to inherit by her own family, she could firmly stand up for her legal rights. We must not allow discriminatory and outdated beliefs to continue spreading.


作者: 李貴敏, 貼文者:Mariia


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相關類別: 法律