On The Post - Inheritance System

Their wills by will the heritage by the former heir to a specified condition, achievement or specify when the time comes, the prior heir to the legacy by a succession of this heritage, ownership transferred two times special inheritance system called inheritance system after. Especially represented by Germany law, this system has been developed for many years and gradually mature. But because of various reasons, this special inheritance system in China has not been confirmed by legislation.With the development of material civilization and legal system construction, new social phenomena have occurred, succession system has the original can not satisfactorily solve various social problems. The divorce rate is increasing emerge in an endless stream must accelerate the remarriage phenomenon, caused by the love of family property inheritance disputes is increasing, the reorganization of the family to bring the relationship between parents and children is complicated, this calls for a new, more appropriate inheritance system. All the original inheritance system has long been unable to properly solve the succession dispute and so on, and then a succession system should emerge as the times require.This system is not complicated and cumbersome, the relationship between the prior heir and inherited after a person by the debtor creditor relationship to define, to find a balance of interests between the points before and after the heir, solved by classification discussion Is it right? Is necessary only to not be consumed as the heritage of the problem. And through this system combining inheritance and legacy, to the principle of freedom of testament utility and efficiency maximization.In this paper, trace to its source, by contrast, are discussed in detail, in order to prove the necessity and feasibility of China’s introduction of the system. In order to not only as a "social problem" provides a salvation keys, and for the construction of China’s legal system more perfect and contribute a little.