Research On The Requesting Right Of Recovering Inheritance

The system of the requesting of recovering inheritance is a veryimportant part of a nation’s system. Inheritance law of China take thedefinition “The statute of limitations in Inheritance disputes” ratherthan the definition that “the requesting of recovering inheritance”.The article177of the general principles of the civil law views didn’ttake the concept that distribution of co-ownership dispute apart fromInheritance disputes,so in the judicial practice, legal applicationerrors happen often. Such obscure rule obviously can’t adapt to thecurrent economic society. This article based on the concept of therequesting of recovering inheritance and the significance of therequesting of recovering inheritance, then focus on the nature, elaboratethe constitutive requirement of this right and then explain how toexercise it,then analysis legislative status quo in China and the proposalof perfect system of the requesting of recovering inheritance.Besides the foreword and the conclusion, the article is divided intofour parts：The first chapter “The demarcation of the requesting of recoveringinheritance”. Through analysing difident types of inheritance disputes, then analyses the concept of it,and point out the limitations of contenton the right of claim and the tort of purchasing for relief wheninheritance is damaged,and then this article stresses the significanceof the requesting of recovering inheritance.The second chapter“The nature of the requesting of recoveringinheritance”.This part analyses the different theories of the requestingof recovering inheritance.This article take the compromise theory thatinsist that the requesting of recovering inheritance is a Entity rightincludes identification and the nature of heritage return.The third chapter “The legal analyze of the requesting of recoveringinheritance”. This part elaborate the constitutive requirement of thisright and then explain how to exercise it,include the subject，the wayand the effectiveness to exercise.The fourth chapter “The analysis of legislative status quo in Chinaand the proposal of perfect the system of the requesting of recoveringinheritance.” First we analyze the legislative status quo in China andpoint out the application condition of the article177of the generalprinciples of the civil law views,and then clear that the20years isthe statute of limitations, the litigation consequences of mediation issuspend. Last we analyze the proposal of perfect the system of therequesting of recovering inheritance”.This part clear the concept ofthe requesting of recovering inheritance in China and the legalconsequences of time limited efficacy complete, the reporting obligationand reason for estate possessor.