The Analysis Of Legitimacy The Right To Legacy For "a Third Part"

This article is an analysis on a case—Miss Zhang Xueying, a third part litigating Mr Huang's wife for inheritance. The case focused that Mr Huang Yongbin handseled his heritage to a third part is effective or not. That is,whether this behavior violates general principles of "Civil Law" Artcle Vll about the social morality and harm Public relations,If it voilates the relevant provisions of the law, the behavior is null and viod, Miss Zhang Xueying can't get his inheritance;On the other hand, she can.The article first deseribes the case and court's decision. Found that there are legal issues in this case need to analysis and explore:One the jurisdiction authority, whether is it beyond the jurisdiction of the area that the courts examine the conditions of reasions and motivations for opposing a will? Can we applicate the "Marriage law"to deny the right by the legacy of a third part? Whether is there any loopholes in the court's application of law? Whether is it any need for the court to appliacate the principles of "Civil Law" but not to applicate the principles of "Inheritage Law"?Secondly, analyse the general legal issues and the core legal issues reflected in the case separately. By analyzing the general legal issues we can find that:the court trailed the proceedings unjustly, it is improper that the court denied the right of a third part for legacy by applicating "Marrige Law", there is a deviation in the application of the entity law, there is a confusion that the court applicate the legal principles prior to the special legal privisions. By analyzing the core legal issues we can find that:on judging the value of justice, the court applicate the "public order and good morals" wrongly, which led to unfair judicial discretion. Mr huang bequeath his property to a third part, which didn't violate general principles of "Civil Law" Article Vll and the "Contract Law" Article VII about the social morality and social public interests, his legacy is effective, so as a third party,Miss Zhang have the right to legal legacy.Finally, the author will be extended to the similar case and give some recommendations to handle such cases. Measures include that:to clearly define the scope of the legatees in "Inheritage Law", to type public order and good morals in legacy, to strengthen the construction of ideology and morality, and to adopt foreign experience in the respect of legacy for a third part.