Theory Of Property Inheritance Law In Our Country

With the repaid development of Chinese economy, the ratio of Chinese people who own real estate is getting higher than ever, as a consequence of which, real estates have been accounting for a major portion among the heritages of people. Although according to China’s property law, property rights of heritage due to inheritance or by bequest from the start to be valid, but if the heritage is real estate, heirs want to really punishment, it must go through the registration link, or disposition has no effect. So citizens must have a way to inherit real estate. This means the main heir to successfully addressing the problem in terms of disposal of real estate. In China, the two different ways to inherit the heritages is through litigation or non-litigation approaches. Either of them is lawful. The law of litigation approaches and non-litigation approaches are totally different. The law of litigation approaches are detailed which can be certified in both law of succession and law of register of the houses, meanwhile the law of non-litigation approaches are deficient which can be certified in most of the Chinese law under the system of Chinese law.Notarization system plays an important role in the non-litigation approaches in judicial practice of China. Notarial certificates are used as the basis of the successor for the transfer of real estate registration by almost every real estate registration office in non-litigation cases. But it can not make a long effect which only existed in the effectiveness of local government regulations and even lower some of the local government administrative provisions without the law.This thesis is written from a notary’s perspective aiming to illustrate the importance of the non-litigation approaches to address the inheritance problems involving real estates through analysis the traditional inheritance practices and the reality of China’s social development needs. This thesis Introduce the legislative experiences of the inheritance of real estate of the non-litigation approaches of the main civil law countries whose legal system is similar to ours through the way of comparative study. The important role in the non-litigation approaches of the notary of France is been emphasized introduced. This thesis analysis the inherited habits of our people and traditional culture, traditional concept of demand for the notary system and demonstrates our current legal system, the social credit system, social trends for the notary system is fully involved in the field of real estate inheritance call in conjunction with the actual circumstances in China and put forward ideas on how to build up the non-litigation channels.This thesis pointed out that China’s real estate inheritance law must be perfect non-perfect field of legal complaints start, and argues that the notary system is fully involved in real need and importance of inheritance. This involved the legal system inherited from the notary and two-pronged approach to testamentary succession, were given a line with China’s national conditions and workable legislative proposals and stressed the importance of build up the non-litigation channels of the improvement of inheritance law from a notary’s perspective.