On The Scope Of Legal Heir

The system of property inheritance is an important part of property system. As the real right law has been passed, the civil codes will be passed soon, but how to design the system of succession law, which is one of the most important parts of civil codes, has not reached an agreement. There are many problems in the legislation of succession law and this article chooses the scope of legal heir as the subject.This article can be divided into three chapters except for preface and conclusion. The comments are as follows:The first chapter studies the concept of legal succession and analysis on the grounds to confirm the qualification of legal heirs. The grounds to confirm the range of legal heirs are matrimonial relationship, blood relationship and foster-success relationship. The legislation of many countries restricts legal heirs in the scope of some relatives, and different histories, cultures, religions and traditions of different countries also take some effect on confirming the scope of legal heirs.The second chapter is making comparison between different legislations on legal heirs and comments on the view of famous civil scholars on the scope of legal heirs. According to the legislation practice in many countries, different provisions on the scope of legal heirs have their own advantages. Author finds out not only the different provisions on the scope of legal heirs in European countries, African, Latin American countries and Asian countries, but also finds out the different provisions on this subject in HongKong, Taiwan, Macao and Mainland. There is some advice to constitute civil codes and modify Succession Law, and these scholars suggest to enlarge the scope of legal heirs on the basis of current provisions.The third chapter discusses the comments and modification on the scope of legal heirs in our country. As the development of economy, society and legal system, legislation on the scope of legal heirs is not accordance with the reality. Therefore, it is necessary to re-arrange the scope of legal heirs based on current provisions. In the meantime, along with the development of new technology, it is necessary to make provisions on the subject of legal succession right of children who are born by artificial fertilization.