Research On Requesting Right Of Recovering Inheritance

The 2^ed article of《LAW OF SUCCESSION OF THE PEOPLE'S REPUBLIC OF CHINA》regulates: Succession begins at the death of a citizen. The 29^th article of《PROPERTY LAW OF THE PEOPLE'S REPUBLIC OF CHINA》regulates: property gained owing to inheritance or the right to legacy has legal force when inheritance or the right to legacy begins. So at the moment of inheritance, the successor briefly gains all the property of the decedent from the point of law. But the successor does not necessarily really enjoy the right to disposal of every estate; actually the estates are often possessed in the name of successor. In the author's opinion, in order to protect the right to inheritance of the successor, it's necessary to draw on civil law of foreign countries and improve the system of the requesting right of recovering inheritance of Law of Succession in our country.Besides the foreword and the conclusion the article is divided into four parts.The first Chapter "The law nature and concept of the requesting right of recovering inheritance", analyses and defines the law nature and concept of the requesting right of recovering inheritance. The nature of the right to recovery the inheritance is the request right that asks for confirming the certificate of the successor and recovering property. The successor is entitled to ask for confirming the certificate of succession, recovering the possessed legacy and compensating the loss when the right to inheritance comes under attack.The second Chapter "Analysis and reference of the typical civil law of foreign countries", introduces the requesting right of recovering inheritance of civil law of foreign countries and analyses them respectively. the requesting right of recovering inheritance originates from Roman laws. many civil law countries have regulated the requesting right of recovering inheritance, such as Germany, France, Switzerland,Japan and South Korea and so on.The third Chapter "The composition of the system of the requesting right of recovering inheritance", deals with the composition of the requesting right of recovering inheritance, which involves compositional important documents, performance and extinction.The fourth Chapter "The improvement of the system of the requesting right of recovering inheritance in our country", from the view point of the reality of our country puts forward the idea that the improvement of the requesting right of recovering inheritance in our country should involve the following aspects:Ⅰ.The establishable important documents include: 1.The successors who adopt illegal titles or the persons who looked like a genuine successors have actually possessed the legacy. 2.The possession of the legacy has no legal grounds. 3.The possessors of the legacy deny the right to inheritance of the genuine successors.Ⅱ.The parties of the requesting right of recovering inheritance are subjects and relative persons.Ⅲ. The performance of the requesting right of recovering inheritance includes performing methods, performing effect and performing range.Ⅳ.The extinction of the requesting right of recovering inheritance, the requesting right of recovering inheritance extinguishes at the expiration of limitation period.