Limit Succession Institution Research

Limit inherited system is an important part of the inheritance law means succession when China issued social economy foundation of restriction and theoretical knowledge insufficiently successions only to limiting the inheritance of principle simple rules. With the development of The Times, the current limit succession institution appeared many disadvantages, to limit inherited principles do not be operable, cannot truly achieve the purpose of legislation limited succession institution, especially cannot effectively protect the interest of creditor heritage behaved especially prominent. Therefore, it is necessary to limiting succession institution shall be further research.This paper is divided into four parts, a total of around 30,000 words.Part One:limited succession institution overview, this part mainly includes two parts, one is restricted to inherit system is introduced, the paper defines the system of efficacy and value,2 it is retroactive limit succession institution's historical evolution.Part Two:limited succession institution into legislation. This part of mainland legal system and main Anglo-American law system of limited succession institution legislation was introduced and discussed. Germany, France, Japan and other mainland legal system country debt from the heritage of limited scope, inherited conditions for and procedures, restricting the effectiveness of inheritance aspects of the provisions of the detailed, although the traditional and national law, different countries all varies, but to protect the interest of heir and heritage debtor, maintenance inherited order as essential starting point and the foothold. Countries of Anglo-American law system is way to achieve by indirect inherited limited succession institution pursuit of legislative objectives.Part Three:China limited succession institution of reading. This part of the first analysis in the current successions intends to introduce the background, and then introduced in the current regulations limit succession institution, and on this basis to our country unconditional limit for analyzing the advantages and disadvantages inherited.Part Four:the perfect our limited succession institution legislative Suggestions and reason. In view of the existing limited succession institution deficiency, learn from foreign advanced legislative cases in respect of our country's legal, and on the basis of traditional, the author puts forward five Suggestions:a, adhere to the principle of limited inheritance and change of unconditional limit inheritance for conditional limit inheritance; Second, gives heir limit inherit, simple inherit, abandon inherited option, the law should be explicitly accepted and giving up inherited the term of way both fully respect heir of party autonomy, also ensure creditor can get the heritage creditors realization. Third, establish heritage list system, causes the heir personal property and heritage phase separation, limited inherited provide reliable premise heritage and guarantee preferred to pay off debts heritage. Four, establish heritage public peremptory notice system, creditor's claims timely inform heritage creditors, clear public peremptory notice of acceptance subject and deadline. Five, clear heritage debt discharge sequence.