Renounced His Inheritance And To Protect The Interests Of The Heirs Spouse

This thesis consisits of separate chapters:This first chapter brings us the question discussed in this article by introducing a case and relevant points of view: heir's liberty to renounce inheritance and the financial protection of heir's spouse. The case is about a divorce in which the plaintiff intends to share her late mother in law's legacy asserting that the inheritnace belongs to the couple. On the other hand, the husband as the defendant clearly renounces his heirship so that the divorcing wife can acquire nothing from his late mother's property. There are two distinct opinions around this case: whether the renouncement of inheritance is valid and if such action may result in any damage to the plaintiff's legitimate interests. To solve the dispute, the article also looks into several issues of the inheritance renouncement system including limited inheritance system, renouncement of inheritance,ect. In the following sections, the auther analyzes the issue of balancing interests of the heir's spouse through elaborating relevant issues of the inheritnace renouncement system as well as combining case study of the balance of interested parties so as to better balance the interests of heir and other related parties by improving current system.The secend chapter of the thesis makes a nomological analysis of the inheritance renouncement system. To begin with , this chapter introduces the history of inheritance renouncement system. Secendly, the chapter analyzes the basic features, constituting conditions and legal effects of the act of renouncing inheritnace. Thirdly, the author also makes probe into the renouncement of inheritance. By comparing and analyzing three distinct points of view, the writer agrees with thory of heirship upon death. In final section of the chapter, the writer questions China's rough regulations on the renouncement of inheritance. It is the author's belief that China's legislators may learn the experience of other countries'legislation that clearly stipulates the time limit of the renouncement of inheritance.The third chapter discusses the effects of heir's renouncement of inheritance and the the financial protection of heir's spouse. Under normal circumstances, property gained through inheritance belongs to the couple. However, as long as the heir renounces inheritance within the legal time limit, the ownership to the legacy will be eliminated upon decedent's death, which also means that the heir's spouse loses coparcenary at the same time. The renouncement of inheritance inevitably influences the spouse's financial interests and in fact many heirs do abuse their right to renounce inheritance in order to prevent their spouses from sharing inheritance. Combining with the cases of the first chapter, the author suggests that the legislators may borrow the precedents from the Law of Succession in which special protection was provided for the widowed sons/daughters in law who make predominant contribution in maintaining parents in law, and give the heir's spouse who has done their duties the right of succession so as to balance the interests between the two parties.Finally, the author points out that the unbalanced protection for heir and other related parties in China's judicial practice arises from the defects of legislation. China's unconditional system of limited inheritance makes it possible for the heirs to default their obligations and avoid making declaration of will, consequently leading to the long time apart between the beginning of succession and the actual division of inheritance. This author advise that China's legislator may learn from other countries'successful legislation and adopt a new conditional system of limited inheritance in which the time limit for making declaration of will shall be clearly stipulate, thus achieving a balanced protection for both heirs and interested parties.