Research On Subrogation Inheritance Exist Or Not After Inheritance Transferred

Inheritance system is an ancient legal system which appeared accompanied the family and the private ownership. In modern law, inheritance, specifically refers to property inheritance, is the legal system that when the property owner dies or is declared dead, according to the law or testament, the legacy of death and property rights are transferred to his heirs. Inheritance system plays a very important role in consolidating the social and economic system, maintaining family harmony and unity, and building a harmonious socialist society. Subrogation inheritance and transfer inheritance are both special forms of inheritance system and have pivotal position. There are similarities and differentiae between the two, and in practice, they need to be distinguished. The author of the thesis works in a notary organ, facing the practical problem in the work, i.e., subrogation inheritance after inheritance transferred, which will be studied and discussed in this paper.The paper is divided into four chapters:The first chapter, an overview of transfer inheritance. A general theoretical analysis of transfer inheritance is illustrated, also, the concept and object of transfer inheritance is explained and analyzed. In the academia there are two main theories: one is the transfer of the inheritance rights; the other is the transfer of the successional portion. The thesis adopts the second theory point of view and carries out a further study concerning transfer inheritance elements and application scope(including the two cases of transfer inheritance applied to both legal inheritance and testamentary succession, and the range of the heirs be transferred).The second chapter, an overview of subrogation inheritance. The concept and historical evolution of subrogation inheritance are described. Two theories concerning subrogation inheritance nature - "the representation theory" and "the intrinsic right theory" are researched and analyzed. This thesis holds that the intrinsic right theory is more appropriate, because there is too much unreasonableness about the representation theory in the theory and the real life, which could not fully protect the right of the subrogated successors. The causes, scope(the scope of representation heirs and subrogated successors, the limitation of generation numbers) and successional portion of subrogation inheritance are also described.The third chapter, subrogation inheritance with transfer inheritance. Via case-study, it illustrates that what will co-opetition of transfer inheritance and subrogation inheritance, and it approves the existence of subrogation inheritance after inheritance transferred. The situation of subrogation inheritance after inheritance transferred in testate inheritance is discussed, and the successional portion is analyzed.The fourth chapter, the legislative proposal. First, it proposes that transfer inheritance system should be clearly defined, especially for the successional portion which is as the heritage of transfer inheritance, and relative provisions should be drawn up.It summarizes the current legislative shortcomings and deficiencies of "the representation theory", and suggests adopting "the intrinsic right theory". Based on this, it indicates the definition limitation of subrogation inheritance causes, and proposes the case when representation heirs lose their inheritance rights should also be included. Also, relative provisions should be drafted, in order to strengthen the function of subrogation inheritance, and effectively protect people's legitimate right of inheritance.