Some Problems On Revision Of The Law Of Inheritance In Our Country

This paper divides into three braches, it formulates suggestion for revision of the current law of inheritance in our country: (1) About statutory succession, to protect the right of succession of grandson or granddaughter, the current institution of succession par representation should be amended and the way of inherent right should be adopted; The legal stipulation should be repealed of 'widowed daughter-in-law and son-in-law should be the first order inheritor in their duty to provide for their parents-in-law'; The spouse should not be listed in the regular order, and can inherit together with any order inheritor. (2) About testate succession, the free principle of the testament should be restricted, and the special reserve institution should be established in our country; The testament way should be perfected, recording testament should be repealed, the highest legal effect of the notary testament should be repealed. In addition, the clear regulation should be made for term of validity of oral testament , legal effect of signet in taking the place of the book testament. (3) About treatment of the inheritance, the current institution of limited succession termlessly should be repealed, the principle of no limited succession should be established, the institution of limited succession termly and waiver of inheritance should be supplementary.