Research On Requesting Right Of Recovering And Exercise Inheritance

The regulation of our civil law about right on inheritance is very simple." inheritance disputes lawsuit time limit for two years, since the heir knows or should know that his rights have been violated from the date of the calculation. However, more than twenty years since the date of inheritance, shall not be filed."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.This led to the controversial in theory and divided; On applying chaos is not unified, different connection phenomenon is serious. It doesn’t conform to the legislation technology development idea now, also without our country’s social development. In order to better protect the real heir legal interests from infringement and in the basis of the legislation in other countries and regions for reference Constantly,we should improve the rules of the right of claim for reply about inheritance.In this paper, in addition to the preface and epilogue, is divided into four parts.The first part of the case is about case introduction. This part mainly introduces the two concrete of different cases and in case of disagreements and disputes are detailed analyzed. To explain the defects of the inheritance disputes at the present stage in China.The second part reply inheritance right of claim meaning and nature of the dispute. This part is mainly about inheritance right positioning analysis of the concept and character of claim. Because scholars respond to different understanding to the nature of the right of claim for inheritance,so definitions are also different. Based on concrete analysis of views, based on the tendency of compromise that nature localization, gives specific definition of inheritance for reply. On the nature of the inheritance for reply said mainly include right of formation, right of claim and compromise three views. In this paper we fully analyzes the defects of right of formation and claim, on the basis of said reply will inherit the nature of the right of claim to compromise, and provide the reason and significance, its properties including the request to confirm the inheritance qualifications and requesting heritage reply two. Inherit the qualification of reply is not the ultimate goal of litigation, the only path to an end, the final purpose of lawsuit is the infringement of the right of return the true heir to the legacy. To protect the rights of the true heir to the already so, also save the lawsuit resources.The third part reply inheritance right of claim form with exercise. Clear legal norms is the premise of accurately apply the law of the constitution of crime. This article thinks that inheriting reply the components of the right of claim has four parts:poeple have no right to inherit in fact occupy the estate;the inheritance of the poeple in possession holds no legal basis for the estate;the people who institute a suit shall be heirsat law; inheritance rights are violated because they deny the true heir of the inheritance. Reply about inheritance exercise of the right of claim problems, this article mainly from the exercise of the subject, exercise the effect, the problem of abandoned and discusses several aspects of the relationship with the other claims.Fourth part of the inheritance of aging problem for reply. This part mainly introduces the analysis of the various countries and regions on the provision of the statute of limitations, On this basis discusses the shortcomings of the provisions of the statute of limitations and defects in our country. To put forward feasible Suggestions in legislation in our country.