Study On The System Of Succession By Subrogation

The system of succession by subrogation is virtually a kind of special form of statutory succession, which aims to ensure the material life and the economic interests of the subrogated successors. With the development of the socialist market economy, great changes have been taken place in our country, especially international communion have been more frequent and deeper after we joined WTO; there are some problems such as our statutes 's unconformity to jurisprudence and unfairness in operation and so on, which is hard to adapt to the need of fully protecting people's rights of property inheritance in new situation.This thesis includes four chapters besides the preface and the conclusion.Chapter 1 Introduction. Academic analyses of succession by subrogation: it expounds the concepts and the history, affirms the positive functions of succession by subrogation on maintaining the family, assuring rational movements and accumulation of personal property in a family, promoting productivity etc.. As for the nature of the succession by subrogation, there are mainly two theories—the representation theory and the intrinsic right theory. This thesis holds that the intrinsic right theory is more appropriate, because there is too much unreasonableness about the representation theory in the theory and the real life, which could not fully protect the right of the subrogated successors.Chapter 2 The composition of the system of succession by subrogation among several countries and areas. There are great differences of succession by subrogation in statutes among several countries and areas, this thesis gives a comparative study on the causes, scopes of the representation heir and the subrogated successors, and legal effects. It can draw a conclusion that it is more limited in our system of succession by subrogation because of the representation theory.Chapter 3 Research on several concrete matters of subrogation by succession. Based on the intrinsic right theory, studying on the several outstanding matters helps to understand and apply the subrogation by succession.Chapter 4 Proposals on improving our system of subrogation by succession.It summarizes the legislative limitation in the causes and the scopes of the subrogated successors, insufficient statutes. Under the direction of the intrinsic right theory, learning the legislative forms of other countries and area with our actual conditions, this thesis considers that it should readjust the causes, properly widen the scopes of the subrogated successors, coordinate the contradiction between daughter-in-law or son-in-law who bereft her or his spouse and the subrogated successors, and state definitely the successional portion, which can strengthen the function of succession by subrogation ,and effectively protect people's legitimate right of inheritance.