Legal Relief Mechanism Inheritance Rights Infringement

In foreign civil law, there often have detailed provisions about relief of inheritancetort, but our civil law is general and abstract about this. So it brought great difficulties toour country’s judicial practice and inheritance protection. Clear right infringement of thedetermination, and providing relevant relief mechanism will be needed to solve thisproblem.Inheritance is an independent civil right, so it’s property conforms to the legislativepurpose of tort law. Inheritance contents two parts, expected inheritance and vestedinheritance. Although some scholars put forward that the expectant right of inheritancerights do not have real rights, it is an necessary part of inheritance. It will causemisunderstanding of the spirit of the law for people if it is directly negated. So both ofthese two parts should be the objects of legal protection.Inheritance tort is the behavior that heir or the third party try to deny the right of thelegal heir and occupy its heritage. To recognize the inheritance infringement behavior, weshould not only consider its special place on subject, object, time and content, but alsocombine the particularity of the legal relationship of inheritance to analyze the constitutiverequirements of inheritance tort. Inheritance infringement can occur in succession beforeor after the beginning of inheritance, but only after the beginning of inheritance can theinfringed party have the right to claim for infringement. In constitutive requirements ofinheritance infringement, illegality is an important standards. Behavior manner can bedirectly or indirectly. In inheritance infringement, property damage to heir is general, butin special circumstances it will be the spirit damage. According to the complex degree ofthe case, there are different rules for the cognizance of causation. In certain circumstances,constructive causality rule is one of the most important rules in recognizing rightinfringement. Different behavior subjects are suitable for various degrees of faults, and thedegrees of faults often influence the level of the responsibility.There are many types of inheritance tort. Without consideration of identityrelationship changing, giving up or losing of the right of inheritance and other special factors occurred in inheritance law relationship, we can not have a complete understandingabout inheritance infringement.When the right of inheritance is infringed, the heir can chose different rights of claim,such as requesting right of recovering inheritance, claim of real right and claim of tort.The claim of tort provides a new way of relief for litigant, and the other two rights ofclaim also play an important part in inheritance protection. Only when these three rights ofclaim complement each other, can we have a full protection of inheritance.