Discussion Renounced His Inheritance System

abandonning Inheritance is an important component of the inheritance legal system, there are complex requirements of abandonning inheritance in the law of Western countries for it can decide if inheritance rights and the transfer of ownership of heritage can be achieved. In China the emphasis of this system is clearly not enough, not only the norms of <<inheritance law>> and <<Opinions of Supreme People's Court on the the implementation of < PRC's inheritance law >>>are too abstract on abandonning inheritance principles of the provisions,but also few of the academics to the explore this area. Thus there emerged a large number of different sub-co vision in the judicial practice due to different understandings of the legal normsof inheritance.For this reason, the legal norms of inheritance need to be corrected seriously. I wrote this aticle with the perspective of a case of disputes property afer divorce,giving some suggestions based on the disscussions focus on the two questions that what the nature and subject of abandonning are of inheritance.in hope of making contributions to the development of this system.This paper is divided into the introduction and body two parts. Introduction part describes the origin and significance of the study of inheritance system and body part is divided into five chapters.Chapter No.123 are the cause of action, the case profiles and case focus. The author leads the entry point to study the abandonning inheritance system by the three chapters.ChapterⅣis a key part of this article, in this section, the auther analysed the subject and nature and restrictions of abandonning inheritance. there are three main theories about the subject of abandonning inheritance, named "the said of ownership by death," "the said of inheritance right by death," "the said of division by death," The author carried out a comparative analysis of these three perspectives,Pointed "the said of division by death" most reasonable and most appropriate to solve the conflicts focused in the abandonning inheritance system.About the nature of abandonning inheritance,the auther got the opinionthat the peron who abandoned inheritance did not have the right to inheritate and did not take part in the legal ralationship based on the concluion that the subject of abandonning inheritance is subjective right of inheritance,so abandonning inheritance is of identity.About the restictions of abandonning inheritance, the author had an in-depth discussion about six areas about abandonning inheritance.They are the deadline; whether agent can be used;the way to abandon inheritance,wether someone to abandon inheritance ought to be restrict by orthers; wether partly abandonning inheritance can be used;And gou the following view: 1, "China's Law of inheritance" should specify the period is expressly prohibited and to forbid abandonning inheritance contract;2, no civil capacity and limited capacity for civil conduct shall not using a proxy to abandon inheritance;3, to abandon inheritance should be in writing to whom;4, forbid abandonning inheritance with attached conditions;5, abandonning inheritance is valid exceppt that it cause the one who abandoned inheritance can not perform or comply with legal obligations,or to comfer to the "Civil Law" Article 58 of the "legitimate acts conceal illegitimate purposes in the case,"ChapterⅤis the the conclusion that the author got through Analysing the above issues.The auther analyed the case from substance to form problems and pointed that the two courts made the right sentences through capturing the correct point in time when the ownership of the heritage transfered is Commendable.And also put forward suggestions on deficiencies of the abandonning inheritance system.