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Spouse’s Legal Order Of Succession Following Portion System

Posted on:2014-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:J Y SunFull Text:PDF
GTID:2296330425479081Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Spouse entitled to inherit each other heritage powers between the world of the spouse’sstatutory inheritance rights are clearly defined, but due to the order of succession of thesocio-economic development level and the national conditions of different countries,Succession Act of spouses and should continue to share anotherdifferent legislative provisionsof the current law of succession established with the planned economy period, the spouse’slegal order of succession should be following the share given legal recognition and protectionof the value level, facing the socio-economic development, the current law of successionrights of spouses inheritrequirements and difficult to adapt to the social reality, exposing someflaws and drawbacks, benefits efforts in protecting the spouse’s inheritance is not enough tolead to more problems in the social practice and litigation.With the deepening of China’s reform and opening up and development of the socialistmarket economy, people’s material life has been greatly improve and enhance the modernmarriage than any past traditional socio-economic structure, in people’s daily materialwealthaccumulation and wealth re-creation of the status of the process of rising, spouse,especially female spouses in family economic structure began to grasp the economic initiativeand the right to speak, to the improvement of the economic status of spouse seeking to gettheir own legal space should lead to more and moreenhance the value and interest demands,especially with China’s foreign exchanges become more frequent, the input of a variety ofstate-of-the-art of the spirit of the rule of law and democratic idealswe can see the world’sprincipal legal systems of countries on the order of succession to the spouse, and shouldcontinue to sharegiven with a greater degree of legislative protection, and therefore improveour law of succession of the spouse of the order of succession and should Following the shareof law, not only conforms to the rule of law and the concept of people-oriented philosophyadvocated by the rule of law, science and legislation, but also in keeping with the globallegislationtrends.This paper, through case form of the order of succession of the spouse and the majorcountries and regions of the world Two Schools should be following the share system andstudy of the spouse of the order of succession, and should continue to share differentprovisions of our spouse statutory inheritance pick should lead our inheritance lawsFollowing the reference share and explore the scholars academic point of view and insights currentlyperfecting our spouses the statutory order of succession should be following the share oflegislative proposals and look forward to our inheritance laws in future legislation morereasonablelegislation. In addition to summary, this paper is divided into five parts in total.The first part of the problem leads to the spouse of the order of succession leads throughthe case out in the form of following share issues: What is the order of succession of thespouse with the following share?Different legal systems of the countries and regions ofspouse inherits the order and should continue to share how the provisions? The current law ofsuccession of the spouse of the statutory order of succession and should continue to shareprovisions and the problems? Foreign law of succession of the spouse of the statutory order ofsuccession and should continue to share the legal provisions of the law of succession perfectlegislative learn the significance? Our current law of succession legal order of succession ofthe spouse and the provisions should continue to share from what should be improved?The second part of the current law of succession of the spouse of the order of successionshould be following the law of the share and the problems in this section introduces thespouse of the statutory order of succession and should continue to share the basic definition,the current law of succession of the spouse of the statutory order of succession and shallremain inthe share of the law, and departure from the traditional as well as the nationalconditions of China’s social history, to identify the problems and shortcomings of the currentlaw of succession.The third part of the different legal systems of the countries and regions of the spouse ofthe statutory order of succession and should continue to share the legal provisions ofAnglo-American legal systems of the major countries and regions such as the UnitedKingdom, the United States, China, Hong Kong SAR as well as civil law major countries andregions such as Germany, Japan,legislative provisions in France and China, Macau andTaiwan, as well as legislative analysis.Fourth part of perfecting our spouse the order of succession should follow the followingshare of our cultural and historical traditions and inherited habits, reasonable draw foreigninheritance laws to adapt to China’s basic national conditions of the order of succession of thespouse and the law should continue to share, and research of China’s majorthe scholaracademic point of view, from the order of succession of the spouse and the following two aspects of the share to improve spouse inherited status and inherited permissions.
Keywords/Search Tags:Spouse legal order of succession, Spouse should continue to share, Legal right to inherit
PDF Full Text Request
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