Inheritance Reply Claim Problem Research

Inheritance in civil law countries claim reply especially in continental law systemcountry the position of the inheritance law has been outstanding. Germany, France, Japanand China Taiwan’s democratic legislation in the law are a clear codes, in our country’slegislation did not make clear a regulation inheritance reply claim, only to the inheritancelaw article8and the people the opinions of article177of the two provisions from the pointof view of limitation unified called it "inheritance dispute". This kind of fuzziness of theprovisions of the modern legislation technology development idea to do not conform to,also present social and economic life in the trend of inheritance disputes blowout of thepresent situation of not used to it.The tort liability law, article2of all the way used are clearly the tort liability lawprotection object, the list also impressively inheritance. But apparently infringe upon thecreator infringement claims no substitute for inheritance reply claim lawsuit. Based on thetraditional civil law theory, inherited in clear reply to claim the basic concept, the function,the properties of the foundation, on the way to exercise and limitation of screen and deepresearch, a claim and the confirmation reply inherited the lawsuit claims, and return theoriginal claims, and infringement claim for damages of the relationship. For foreignexperience summary for inheritance reply is not enough, and a lack of exercise claim to theway after the completion of the limitation of the provisions of the legal consequences,amendment and perfect reply inherited some Suggestions of the system, in order toimprove the protection of the rights of heir heritage, play to inherit the practice of the claimto the reply utility.