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一、问题的提出最高人民法院针对《婚姻法》的司法解释(三)正在起草阶段,离婚时尚未分割遗产的处理是该解释试图解决的问题之一。先看一个案例。北京市某区法院2008年审理过这样一个案件:原告某女士起诉与其丈夫离婚,当时男方的父母均已去世,留有住房三套。男方有兄弟各一个,兄弟三人尚未对遗产进行分割,房产仍在他们的父母名下。女方起诉时,对男方应继承的遗产主张权利,但法院认为该遗产尚未实际继
I. Issues raised Supreme People’s Court for the “Marriage Law” judicial interpretation (c) is drafting stage, the divorce of undivided heritage is one of the problems the interpretation of trying to solve. First look at a case. In 2008, a district court in Beijing tried such a case: a plaintiff’s woman sued for divorce with her husband when all the parents of the man had died and left three houses. The man has one brother and the brother three have not yet divided the estate, and the property is still under their parents’ name. When prosecuted, the woman asserted her rights to the estate that the man should inherit, but the court did not consider the estate to be a succession