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Saturday, 5 June 2010

Illegitimate child as beneficiaries

CHAPTER I INTRODUCTION
I. Background Since the first has no rules regarding inheritance although it was originally not the rule of law but customs or customary laws, which determine what should happen with the property that no longer has an owner, and family sedarahlah that replaces the old owner. Why are inheriting is a descendant of blood relatives of the heir? So surely the answer because of the sacred relationship between family members. In the law of inheritance, each right is supported by a good law that is the subject of the person or legal entity. When the subject of that law must be missing something because if not then replace all the rights that no one would be the seizure of its assets and its creditors will lose the debtor. The regulations governing transfer wealth from someone who died to someone or some others, together with an inheritance law. Migratory property was named heir. His move itself is called inheritance. So the legacy is a matter of understanding whether and how the various rights of obligations of the wealth of someone at the time of his death shall be transferred to others who are still alive.
 
To be inheriting the heirs of that because there was appointed by the Act and that because there is appointed by a will that can be inheriting under the Act are divided into 4 (four) groups, namely:
1. Children and husbands / wives. 2. The existence of cleavage (kloving) ½ ½ for his mother and family to family, especially my father for fathers to top. 3. Siblings and parents. 4. Families in line deviates up to 6 (six) if everything is not there going to fall on the country. 
The classification divided the inheritance of an illegitimate child of: 1. Legitimate child (a child born in legitimate marriage) 2. Child out of wedlock that can be shared on: a. Child out of wedlock can be recognized legitimacy of children born where between men and women were not married or both, there is no blood relationship. b. An illegitimate child who can not legally recognized, ie incestuous children (children born where boys and girls had a blood relationship) and the child is fatherless boy and girl who both or one of them had been bound by a marriage legitimate. This is an illegitimate child which may be recognized and allowed to get legitimate inheritance while the child out of wedlock that can not be recognized merely has a right of legitimate living expenses. 
The birth itself was only there is a relationship between mother and child. Child relationship with a man who membuahkannya not exist. It was only because his confession was born legal relations between children and men who admit it. Although the position remains underdeveloped compared with legitimate children, especially in inheritance law. In addition the child out of wedlock either recognized or not under the authority of parents but under guardianship. Recognition of the meaning itself, is not unity of opinion. Is the confession was evidence of blood relationship, there is a natural kinship or recognition is a legal act that causes familial relationship that is not keturunanlah but his confession was the source of the legal relationship between children and parents.
Article 862 Civil Code gives rights to the child out of wedlock inheriting an existing relationship with the heir to the civil liability under article 281 Civil Code. Since the birth of a child, there was a civil relationship between parent and child. Such relationships terhadi by itself because of the birth. So with the birth of illegitimate children was a child out of wedlock from the mother. With the recognition of the father he became a child out of wedlock of the father. An illegitimate child would never be inheriting from their parents relatives, and vice versa relatives of her parents, and can not act in an illegitimate child inheritance from one member of his family. However, Article 873 Civil Code allows such inheritance occurred. So only if absolutely no one else, then the child out of wedlock may be inheriting from their parents and relatives with the opposite side by the state.
II. Problem formulation The formulation of the problem is as follows: 1. How the position of children outside of marriage according to the Civil Code? 2. How the position and the part of heirs?.........Continue Click Download

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