The Research On The System Of Estate Without Successors

In China,the current Law of Succession adoption the doctrine of natural succession,thesuccessors inherit all the rights and obligations from decedents since the beginning ofsuccession,however,it need a specialized system to regulate the situation that the successorsexist is unknown after the death of the decedent.The system of estate without successors assave clauses in the Inheritance Law,it’s regulate the ultimate ownership of estate and how tohandle the legacy heritage when the successors exist is unknown after the beginning ofsuccession.“the Law of Succession of the People’s Republic of China”article32:An estatewhich is left with neither a successor nor a legatee shall belong to the state or, where thedecedent was a member of an organization under collective ownership before his or her death,to such an organization.This article just defined the ultimate ownership of the inheritancewhen the successor is not exist, it’s not clear how to determine there are no successors andhow to protect the interests of rights holders.Most continental law system countries and areasestablished the system of absence heirs,it’s elect administrator to management and liquidationthe heritage,and search for the heirs and other interested holders,finally determine theresiduary estate owned by the state or the state treasury.In contrast,such provision can betterprotect of the heirs and interested parties,so it’s worth our country learning.In addition to the introduction, the text is divided into four parts, the full text is aboutthree thousand words.The first part describes the basic theory of the system of estate without successors,Thispart first analysis the nature of the estate without successors, which lays the theoreticalfoundation for the study of the system below, followed investigates the historical evolution ofthe system of estate without successors by using historical research method.Finally, discussingthe legislative purpose of the system.The second part is the inspection and evaluation on the system of estate withoutsuccessors in extra-territorial laws.This section firstly investigate the system about Germany,France, Japan and Chinese Taiwan region,And then explore the common law system ofAustralia and Chinese Hong Kong’s processing provisions about estate without successors.Onthis basis,analysis of the similarities and differences of the various countries and regions,finally find the advantage worth our country learning. The third part is the status and inadequate about the system of estate without successorsin China mainland. This section introduces the relevant provisions of the existing successionlaw and judicial interpretations on the process of estate without successors, and combine withthe practice case,to reflect on the inadequacies of system in our country.The fourth part is perfect the system of estate without successors in Chinese mainland.This section proposed the guiding principles to improve the system firstly, and pointed outthat the perfection of the system should respect the civil inherited habit, and protect theinterests of the heir and related rights holders, and on the basis of analysis abovetext,according to China’s specific national conditions, put forward five proposals to improveour system of estate without successors.