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Inheritance acceptance and renunciation System

Author: BaiJinHu
Tutor: MaGengXin
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Inheritance accepted Inheritance abandon Comment
CLC: D923.5
Type: Master's thesis
Year: 2009
Downloads: 60
Quote: 1
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Abstract

Inheritance accept to give up living in a legal system inherited a very important position. Realization of the right heirs inherit and restrictions, possession and transfer of heritage, are accepted with abandon and inheritance systems are closely linked. Relatively well-developed system of private law in foreign countries, inheritance system requires acceptance and renunciation has been quite perfect, and has formed a relatively mature and fixed legislative model. The law of succession in our current acceptance and renounce the inheritance system, both from the legislative system, the system model and operability perspective, have a certain gap, has become increasingly unsuited to the practical needs of modern society. Therefore, the successor regime to accept explore with abandon has a strong practical significance. But also in foreign countries on the basis of existing legislation mature by comparing reference, but also easy to abandon the current system of inheritance acceptance and make improvements. This article is from the inheritance to accept the basic theory and abandon paper studies the introduction of foreign inheritance system to accept and give up, and to give up our current system of inheritance accept personal improvement of the legislative proposals put forward. This paper consists of three parts, a total thirty-four thousand words. The first part of the inheritance system to accept and give up the basic theory of this section, the author illustrates the inheritance system to accept and give up the basic legal theory. Introduced the system of inheritance accept to give up the concept, origin, principles, targets. In addition to inheriting accept to give up the main body of the scope of the system, but also on the subject of legal regulation be explained. Finally, summarize inheritance, limited inheritance, renounced his inheritance from the perspective of legal acts are discussed. The second part of the contemporary inheritance of each jurisdiction to accept and give up the system overview and critique of this section, the author of each jurisdiction to accept and give up the inheritance regime to be introduced and Analysis. I selected three main civil law countries: France, Germany, Japan, from the legislative system, institutional profile (summarized inheritance, limited inheritance, give up) two aspects of the legal content of the provisions described. Of China's Hong Kong, Macao and Taiwan regions, and the mainland regions have the same inheritance culture, but due to historical reasons to accept and give up inheritance system has its own characteristics, and therefore from the legislative system and institutional About two aspects to be clarified. For each jurisdiction to accept and give up the inheritance system assessment, in order to classify comparative manner. Using two classification methods: From the perspective of heritage transfer divided into direct and indirect inheritance inheritance, of course, inherit inheritance and recognition; From the perspective of debt settlement, inheritance or limited to summarize the status of inheritance principle divided into four different systems. The third part of our inheritance accept to give up this part of the system overview and critique, focused on the acceptance and renunciation of inheritance regime introduced, and put forward relevant legislative proposals. First of all our inherited from slavery began to accept and give up the system's history, briefly described. Secondly, the acceptance and abandon our current system of inheritance law of the excerpts were enumerated, and a brief description of the characteristics of the current legislation. Finally, this chapter focuses on the acceptance and renunciation of inheritance to build the legislative system, sub-general rule, limited inheritance, renounced his inheritance three part presents the author's ideas and proposals.

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CLC: > Political, legal > Legal > Chinese law > China and France > Law of Succession
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