The Research Of Japan’s Requesting Right Of Recovering Inheritance System

Requesting Right on inheritance, our civil law provisions in section8of the Law of Succession:"inheritance disputes over the right to sue a period of two years, since the successor knows or should know to be calculated from the date of the violation of his right, but the succession began more than20years from the date of no further proceedings".Since only a single section, with respect to the exercise of the subjects of rights and the exercise period shall be prescribed by, and the other about the nature of the Requesting Right, the occurrence of the causes as well as the rights and obligations, lack of clearly defined in China of inheritance claims. Therefore, information about the scope of those provisions, not only the various diverse today, and practical insights have had a lot of objections. Reply to the claims system is a very important system of the law of succession, is an independent right to distinguish it from the property rights of claim, and its properties, including the request to confirm the inheritance qualifications and requesting heritage reply two. However, China’s "law of succession" of the system does not make explicit provision, while Japan, as China, in the Civil Code only provides for the inheritance Reply extinctive prescription of the claim, but that does not affect their inheritance Requesting Right v. judicial practice in the country. Japanese scholars on succession to reply to the claims of the nature and relative people quite a lot of discourse, improve the content of inheritance claims to a certain extent in practice to exercise inheritance directs the reply to the claim. Japan’s theoretical circles reply to request the right to know different reasons for both its legislation for inheritance, but also the legislation of great importance to their country of inheritance claim, more in-depth understanding of the status of a third person specific. Based on the analysis on the basis of the nature and function of the Requesting Right of succession, the study of inheritance claims the legislative status quo in China and Japan, the Japanese inheritance at the Requesting Right system worthy of our reference to explore the future in China’s legislation on the clearly established the systems and improved.The article consists of five parts.The first part is an overview of the system of the Japanese of inheritance claims. Japanese doctrine and jurisprudence, on inheritance in Japan Reply to analyze and define the legal nature of claims, and discussed the meaning of existence. Around the inherited nature of the reply to claims from three related issues were discussed. First, the claim of inheritance is the formation of the right or claim? Second, while the request right of inheritance Reply as the request right, about the legal nature, the doctrine contents some points; the third, the request right of inheritance Reply as claims personal exclusive rights?The second part is to introduce exercise elements of the request right of inheritance Reply. That the exercise of inheritance claims need to satisfy three elements, namely:the right to proper object, relative to the exercise of the rights should advocate the right of inheritance, including a detailed description of the elements. In addition, around the exercise of the right elements, the part between the co-inheritors of inheritance requests, as well as confirmation of the parent-child relationship of inheritance request litigation were discussed.The third part of inheritance claims to exercise were discussed. Right of inheritance, judicial proceedings filed request is usually not recognized or the formation of the complaint but the payment claim. In addition, the complaint should not be a basis for personnel actions, but should be through civil proceedings, it had no objection to the existing law, jurisprudence and doctrine.The fourth part of inheritance right to exercise the effectiveness of instructions. Japanese scholars advocated the table to see the heir to the person in possession can be regarded as the prospective right of inheritance, the general legal basis for possession should be applied to the table to see heir. When the declaration of death revoked, in order to protect the well-intentioned behavior by analogy, apply. And to further explore made to inherit the property of bona fide third table to see the heirs and joint heirs at the transferee.The fifth section summarizes the Japan of inheritance claims system Enlightenment. Requesting Right of doctrine and jurisprudence of the Japanese inheritance simple Analysis, also pointed out the inadequacies of our current exists on the system, and finally put forward a sound legislative few suggestions.