Renounced His Inheritance And Institutional Research

In inherits in the legal regime, inherits whether is giving up realizes, the inheritance property rights the concern relation to the right of inheritance whether to shift the important system which, whether the creditor benefit does protect reasonably. But as a result of our country "Inheritance law" to this system stipulation's principle too, uses unconditionally in addition inherits the system limitedly, performs the effective protection to successor's rights and interests, but to is related the creditor benefit the protection obviously quite to be deficient, is not in keeping with the modern method basic spirit, therefore our country inheritance law related system's reform is imperative. The author to gives up the related question which inherits carrying on the analysis, in the elaboration foundation, proposed the related system consummates the suggestion, by a time better balanced successor as well as related rights and interests person's benefit.This article is divided five parts, the first part about giving up which inherits with the related system which accepts. This part of author discussed has accepted and gives up inheriting system's origin, accepted and gives up inheriting system's vertical legal regulation as well as our country gives up with accepting system's flaw, the author thought that our country unconditional inherited the system limitedly, was quite full regarding successor's protection, but regarding was related the creditor the benefit to lack protects, sole gave up inheriting the system to be unable to achieve to the successor and creditor benefit protection balanced. The overseas mainland legal system has the condition infinite to inherit the system to be able to solve this problem, our country in the legislation time may give to use for reference.The second part to give up the sign which and the nature inherits. About gives up the sign which inherits mainly having three theories, respectively was the division said the inheritance property rights said that the death said the right of inheritance mediated the inheritance property rights to say. The author through carries on the analysis to the above viewpoint, thought that the death said the right of inheritance said is the sign geoscience which the most reasonable explanation gives up inheriting said. About gives up the nature which inherits, author from the essence which gives up inheriting embarks thought that gives up inheriting is one kind of property behavior, but non-status behavior, also non-property and status complex act.The third part to give up the limit which inherits. The way which the author gives up deadline which inherits, to give up inheriting, giving up inheriting attaches the condition, the part to give up inheriting, giving up the related question which inherits the behavior the cancellation and so on many to give up inheriting searching analyzes, further consummates our country by the time to give up inheriting the behavior.The fourth part to give up the potency which inherits. Mainly involves after giving up inheriting traces back to go back to the strength question, to give up inheriting should following the share ownership as well as the inheritance management question. After this part solves the successor gives up inheriting the property ownership problem as well as the property management question emphatically. The author through to the domestic and foreign theories and the practice analysis, gave up inherited the inheritance question ownership and the management after the successor has carried on the beneficial discussion.The fifth part is mainly gives up inheriting with the creditor benefit protection question. Mainly involves the debtor to give up inheriting with the creditor, whether to exercise the cancellation power and the generation of position power question, as well as how does the creditor exercise the right of suit question. The author from gives up sign angle embarking which inherits, thinks in this case, the creditor or the spouse are may exercise the cancellation power, is like this also advantageous in achieving balanced which protects to the successor and the creditor.