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互有继承关系的数人在同一事件中死亡时,如何判断彼此之间的死亡先后顺序,我国《继承法》相关解释及《保险法》对此皆有规定。但是二者在一定程度上产生了规则的冲突。通过综合运用体系解释、目的解释、社会学解释和比较法上的解释等多种法律解释方法,并结合继承法和保险法的法律理念分析,互有继承关系的数人在同一事件中死亡且彼此之间存在保险法律关系时,应当按照《保险法》的规定来判定死亡先后顺序。若无保险法律关系时候,则按照《继承法》相关解释的规定来判定死亡先后顺序。
How to judge the order of death among the several people who inherit relations in the same incident? The relevant interpretation of the “Succession Law” in our country and the “Insurance Law” all stipulate this. However, to a certain extent, the two have had conflicting rules. Through the comprehensive use of a variety of legal interpretation methods such as system explanation, purpose explanation, sociological interpretation and comparative law interpretation, combined with the legal concept analysis of inheritance law and insurance law, several people who inherit each other died in the same incident and each other In the existence of the legal relationship between the insurance, it should be in accordance with the “Insurance Law” to determine the order of death. If there is no insurance legal relationship, then according to “Inheritance Law” interpretation of the relevant provisions to determine the order of death.