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一、问题的提出继承公证是公证机构的一项传统业务。在办理继承公证时,有一项公证是不可或缺的,即放弃继承权声明书公证。但是,目前不少业内人士对于出具放弃继承权声明书公证的法律依据存在质疑,进而对继承公证的法律依据产生了怀疑。例如,2008年第2期《中国公证》刊载的《遗产继承公证中的几个问题》一文认为,《物权法》施行后,按该法第29条的规定,被继承人死亡时,继承人已当然取得物权,如果放弃,当然放弃的是其已取得的物权。因此,
First, the problem raised Notary public notary is a traditional business. In the process of inheritance notarized, there is a notarization is indispensable, that is, to give up the certificate of succession notarization. However, at present, many people in the industry have questioned the legal basis for notarization of the declaration of right of abandonment, which cast doubt on the legal basis for the succession of notarization. For example, the article entitled “Several Issues in Notarization of Legacy Inheritance” published in “Chinese Notarization” No. 2 of 2008 held that after the execution of the Real Right Law, according to Article 29 of the Law, when the heir died, the successor had of course obtained Property rights, if given up, of course, give up the property it has acquired. therefore,