Research On Requesting Right Of Recovering Inheritance

Inheritance requesting right, refers to the inheritance rights are violated when the real right of inheritance rights of people based on their request to the courts have to make their return to the state the right to inherit inherit the beginning. China’s “Law of Succession” is no provision for succession to the right of reply to the request, the law is only a general reference to inheritance disputes in law and not replay to a request to provide for the right of inheritance.in the judicial practice, the judge in such cases is often analogous claim of the right to relief, such there is a serious flaw in the way: First, do not reflect the importance of the legal dispute heirs inherit qualification, the second is the right of inheritance replies to requests aimed at addressing the legal relationship inheritance disputes, should belong to the “law of Succession” to be adjusted, and the analogy Judgments applicable is “tort Liability Act”, which will lead to the applicable law judges decide cases according to the dislocation. To this end, the reply to the request for exercise of the right to inherit the body,such as the study of the effectiveness of the exercise is not deep enough.Currently,under the law of succession issues of academic background correction are growing louder in order to solve the above problem,from the perspective of legal succession reply investigate claims,confirm that the right is a complaint of the confirmation of the eligibility of the heirs and the payment of a combination of v more realistic.and is an independent claims of general rights.During regulate the exercise of the right to inherit the properties of replies to requests, such as during exercise that right. you want to expand the scope of the right to exercise the body, that is the main basis of the existing range,the increase in fetal,administrator as the successor body to exercise the right to reply to the request during the qualitative nature of special, we should have different view to think with heirs specific claim, so that in practice and in theory, be able to avoid some of the conflicts.