Studying On Petition For Inheritance

Civil law is law of rights which protects rights. Basic rights consist of personalright and property right. There will be creditor’s rights when basic rights are infringed.Therefore, creditor has a claim on obligor. Claim is a form of creditor’s right which iscreated to protect basic right. There is a right system of claims in the system of right.And petition for inheritance is one of the claims.In Roman law, there are legal provisions called “petitio hereditatis” which arerecognized as the origin of petition for inheritance. But there are many differencesbetween them. In Roman law,“petitio hereditatis” is a kind of rights which includesboth the meaning of substantive and procedural rights. As time goes by, legal rightsgradually divided into substantive rights and procedural rights. And petition forinheritance is a kind of substantive rights. Through learning the history of “petitiohereditatis”, we can learn more about petition for inheritance.This thesis consists of six parts, which are the foreword, four chapters andconclusion. Foreword has three parts. The first is about the meaning of this research.The second is about the structure of this thesis. And the third is about the method ofthis research. Four chapters are the main body of this thesis. The first chapter is aboutthe function and character of petition for inheritance. This part compares petition forinheritance with “petitio hereditatis” in Roman law. This makes it clear the meaningof petition for inheritance. The second part of this chapter is based on the first partwhich is about the character of petition for inheritance. The second chapter is about the constitutive requirements and legal effect of petition for inheritance in the systemof civil rights. Petition for inheritance has four constitutive requirements. And when Iwas talking about the legal effect, I observed it from two aspects---the creditor andobligor. The third chapter is about statute of limitations of petition for inheritance.This part searches different provisions of statute of limitations of petition forinheritance in different countries, and finds some problems as result. This helps whenI look into Chinese legislations. The forth chapter is how to use petition forinheritance when the oblige has other claims for the same purpose, like petition onproperty, claim for returning unjustified enrichment and claim for the recovery ofdamages. The five parts is conclusion which has two parts. First is about the mainopinion of this thesis. The second part is about the shortage of this thesis.