Sutdy On Legal Issues Relateing To Housing Inheritance Notarization Practice

With the social and economic development and continuous improvement of the law, more and more private property of citizens is protected by laws. As a significant property for citizens, Housing gains all the attention. The introduction of the property law establishes statutory principle of property rights and principle of real property registration based on legal acts, as made the real property register to be one of important criterion identifying a property being a heritage.The functions for Prevention of disputes and reduction of litigation and advantages of saving time, effort convenient,which make the notarial activities play an increasingly important role in real estate including housing inherit. In two ways of Inheritance, it becomes a realistic objective fact that proportion of notary inheritance is far greater than that through litigation.As a traditional inheritance notarization business, over the years inheritance notary has been the main business of notary office. Whereas the complicated situations such as the high value of Housing inheritance, high attention by heir, complication of building types, the housing inheritance notarization has been a prudent business for notary. Encountered in practice the heritage property identification, qualification of heir and determination of heir scope, various dummy false phenomenon, examination and verification of proof, the complex problems of sub-succession, etc. As a practicing notary public, based on the relevant laws and policies, Combined with discussion and research of the relevant issues in practice, I put forward my own views and suggestions on the abovementioned problems frequently encountered, expect to get guidance and help form the tutors and colleagues.This paper includes five parts excepting introduction and conclusion. The chapter I analyzes the housing inheritance notarization concepts and classifications, so that people have a preliminary understanding of inheritance notarization on housing. Then author analyzes the difference between litigation and notarization through the approach of realization of inheritance after the death of the decedent and different effects of such two ways in reality, showing the advantages of notary inherited and social needs. Everything has two sides, although notarial inheritance has numerous social needs as well as is a principal notarization business, with the development of society, lag of Inheritance Law, driven by economic interests, lack of integrity, all of which led a growing number of practical problems in inheritance notarization. In Chapter Ⅱ, due to notary for inheritance as a key work that the identification of heritage property rights, combined with reformed housing Often encountered in practice, commercial housing, housing purchased prior to marriage by one party of couples and obtained certificate of property right after marriage and compensation and resettlement housing, The author carried out a detailed analysis and summary. In Chapter Ⅲ, for inheritance notarization in another core business are to determine eligibility and scope of the heirs, I learned from some special status of heirs, Emphatically analyze confirmation of illegitimate children and father, step-parent and children and adoptive children inherit confirm eligibility, Proposed the methods of identification for relationship between illegitimate paternity and confirmation by courts; and analyze the standard for confirmation of step-parent and children, adoptive parent and children whether actual education, assistant exist. In Chapter Ⅳ, with respect to another core work-notarization for inheritance in the review and verification of the evidence, focusing on review of the concept and importance of verifying, realities and difficulties, the burden of proof to application, some details Notaries should pay attention to, through which the author makes the countermeasures and suggestions in the examination and verification of notary. In Chapter Ⅴ, I state the sub-succession in inheritance notarization, the author tries to ignore the disputes of consequences of sub-succession and returns to the original intention, according to the source of sub-succession, applicable conditions, scope of sub-succession and difference between sub-succession and secondary succession, the author proposed the preliminary ideas to solve the problem of sub-succession.