The Inherited Acceptance To Abandon The System

In the succession legal system, the acceptance and waiver of succession is a very important legal system, which involves the realization of succession rights and the transference of estate property. However, the prescription on the acceptance and waiver of succession system in our Chinese Succession Act, which was drafted and come into effect in 1985, is too theoretical and lack of some important aspects, which leaves much legislation blank and is disadvantageous to the instruction of judicature practice.Many famous scholars in mainland China and Taiwan district has conducted beneficial research and the discussion on this subject, but there are not many monographs on the legislation of main continental law countries. The author tries to introduce and analyze the legislation of the several main continental law countries systematically with the comparative views, in the hope of offering reference for the further study on this subject by other scholars. At the same time, combining with the deficiencies of our mainland Succession Act, the author comes up with suggestions on legislation.This article, which is about 37,000 words, can be divided into fourparts.PartⅠ: Essential theory on the acceptance and waiver of succession. In this part, the author discusses the following questions: the legal nature of the acceptance and waiver of succession, the legal tenet of the acceptance and waiver of succession, the common requirements of the acceptance and waiver of succession, the origin and development of the acceptance and waiver of succession, the term, manner and effect of the acceptance of succession and the waiver of succession. Meanwhile, the author discusses other basic problems and gives his idea.PartⅡ: The general legislation situation of the acceptance and waiver of succession in overseas countries. In this part, the author mainly introduces the legislation on acceptance and waiver of succession in France, Japan, Germany, Italy and Switzerland, which have established very self-contained legal system on the acceptance and waiver of succession, such as the term, manner and effect of acceptance and waiver of succession.PartⅢ: Appraise and comment on the five countries' the acceptance and waiver of succession. In this part, the author make comparison between the five countries on their legislation character on the acceptance and waiver of succession, such as the term, manner and effect of acceptance of succession and the waiver of succession.PartⅣ: The deficiencies of our Succession Act and suggestions on the perfection of it. In this part, the author, firstly, examines the deficiencies of our Succession Act, which manifested as follows: first, the layout of the acceptance and waiver of succession system is not reasonable; second, there is no clear prescription on the term of acceptance and waiver of succession; third, it insists unconditional limited acceptance principle, which made against the protection of the estate creditor; fourth, it has not established the estate list system; fifth, it has not precripted the common reqirements for acceptance and waiver of succession; sixth, there is no absolute acceptance of succession system. Taking these deficiencies into consideration, combining with our realistic situation and drawing lessons from the legislation of the continental law countries, the author brings up his legal suggestions, in the hope of promotion and perfection of our mainland China's Succession Act.