Study On The Inheritance Right Of Reply To The Request

Succession is one traditional legal system.It is an important legal system thatpeople are in succession to rights and obligations.In mordem times, sucoeession isjust the estates. The law of succession is the the code which prescribes how thecivil subjects get the estates. In the establishment of the civil rights system, it isimportant to found the other system of relief of rights. If there is notone, protection to the right of suceession we are saying is platonic. Generallyspeaking, we can divide the way of protection to right of suecession into twokinds, one is a proceeding system of relief, the other is a substantive system ofrelief.And the requesting right of recovering inheritance is a substantive systemof relief of right which protects the inheritors'rights to estates.The article belowcontains four parts beside the preface, and the number of words is aboutthirty-nine thousands in all.The preface shows us the importance of succession law which prescribeshow the civil subjects get the estates in mordem society and the defects ofprotection to succession.Especially, in our country, there are some risks as weadopt the apparent succession. So, providing the requesting right of recoveringinheritance clearly is important and necessary in law.The first part contains three aspects of the requesting right of recoveringinheritance about history, definition and function.We can retrospect therequesting right of recovering inheritance to the"petitio hereditatis"in ROMANLAW. The "petitio hereditatis" is proceeding about succession which was used toaffirm the inheritors'position and recover the deceased estates as theinheritors'rights are torted.Today, although the difinition of the requesting right ofrecovering inheritance is in dispute because of the different understance to thenature of the right. But, the importance of it is not denied. In fact, this part is takenas the basic knowledge of introduction to the system we are researching.The second part is the research of some theorical questions on the requestingright of recovering inheritance,including the nature, condition and performation.In relation to the nature of the requesting right of recovering inheritance, I supportthe opinion of "independent right". As to the conditions, the opinion of denying the inheritor's right must be controversial. Surely, the choice of condition is due tothe difference of knowledge of nature. Because of this, I respond to the opinionwith theory according to the cognition of the nature. Lastly, there is a comparativestudy with the subject,effect and other systems.Especially, I add other subjectssuch as the administrator,fetus and devising man and so on which I hope I canstudy widly.The third part is about the provisions and reviews of proteaion to the rightof succession in the countries and districts of the Continental Law, beside thelegacy trust system in the countries of the Anglo-American Law. The study showsus the deficiency of our country's legislation one side, and in the other side, itshows it necessary to provide the requesting right of revering inheritance inlegislation that the civil code we are making today. Of course,the reviews showthe requesting right of recovering inheritance is valuable as one substantivesystem of relief which protects the inheritor's rights. Otherwise, I introduce thelegacy trust system of the Anglo-American Law to prove why there is not therequesting right of recovering inheritance in the countries of the Anglo-AmericanLaw.In fact,the study shows the legacy trust system and the requesting right ofrecovering inheritance have the different effects, but have the same goal.The forth part is the consideration of provisions of the requesing right ofrecovering inheritance in legislation in our country. The contents above issummary to the theories of the requesting tight of recovering inheritance.Especially, after learning from other countries'legislation and connecting withours, we must have a self-criticism and search the dificience. We suggest thelegislation suppose after reviewing other countries'legislation experience.Everyting we research may be in favour of perfecting the succession law in thecivil code in our country in future.