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Research on the Order of the Legal Heirs

Author: JiaoYang
Tutor: PeiZuo
School: Dalian Maritime University
Course: Civil and Commercial Law
Keywords: Legal heirs order Analysis Proposal
CLC: D923.5
Type: Master's thesis
Year: 2011
Downloads: 198
Quote: 0
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Abstract


Inheritance system is an important part of China 's civil system . Along with the adoption of the Property Law , China has started the Civil Code, the codification work . Succession Act will also be further modified and improved, and thus included in the Civil Code . Statutory succession system has an absolute advantage in the inheritance field , the order of the legal heirs of statutory succession system , its design is reasonable or not directly related to the vital interests of the majority of the people . Therefore , the author tries to explore the legal order of succession system , analyze its shortcomings and test proposed legislative proposals is issued for the legislature reference . This paper includes a preface , conclusion and body text is divided into four chapters , the following major elements : the Chapter Overview section . The first section introduces the concept and characteristics of the legal heirs order and the research focus of the article . Section II describes the influence of the basis of the legal heirs order , the final conclusion : determine the legal heirs of the order is based on the production of certain social , ethnic traditions and customs , religion , social mores , legislators policy on statutory succession order have a certain effect ; modern countries inheritance laws determine the the three statutory order of succession is based on blood relationship , marriage and dependency relations . The second chapter is a comparative analysis of the major countries of the world on the provisions of the legal heirs order . Section I on pro- inherited system and the relatives inheritance system for comparative analysis, draw the advantages and disadvantages of different specific practices . Section II cited the provisions of the major countries of the Common Law legal heirs order . Section III cited the provisions of civil law national legal heirs order . The fourth quarter a comparative analysis of the order of succession of the spouses, parents , children , siblings , grandparents , etc. , and finally concluded . Chapter and Comment on our current legal heirs order system . Presentation and analysis of the first section of our various heirs the right to inheritance . Section II discusses several hot issues of jurisprudence and put forward their point of view . The fourth chapter is on improving the system of China 's legal heirs order . The proposed the legal heirs sequence specific Section I , Section II discusses the specific reasons .

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