Comment And Analysis On Statutory Inheritance Dispute Of HE Vs.LAN A, LAN B, LUO

With the rapid development of China’s society and economy, private property are accumulated increasingly, which also causes complex inheritance legal relationship. The existing "People’s Republic of China Law of Succession" has been approaching three decades ever since its implementation on October 1st, 1985. In these thirty years, our national conditions are changing dramatically, laws and norms are adjusting and improving. Compared with marriage and family laws and regulations, inheritance laws are relatively crude and lag. In judicial practice, similar cases may be judged differently, which has caused widespread concern in theory and practice community. As many professionals are calling on the legislature to modify "the law of succession", this paper starts with a statutory succession dispute, discusses related inheritance legal relationship, and probes into the exercise and protection of the succors’ spouses’ rights. The author hopes that this study will provide some referential value for the improvement of inheritance law.This paper includes introduction and the main body. This dissertation elaborates its aims, significance, techniques and its research foundation, innovation points in introduction part. The main body is divided into three parts.The first part: the case and the focus of controversy. This part briefly introduces the cause, content and dispute focus of the case. The focus of controversy is that whether a former spouse of some successor is entitled to participate in lawsuit and ask for part of the legacy share after their divorce and turn inheritance; or if the successor renounced his inheritance, whether the former spouse is entitled to request the court to declare the successor’s waiver invalid. This part leads to an entry point to study inheritance laws.The second part: the case disputes and disagreements. First, the dissertation displays different viewpoints and causes on the focus of controversy. Then, this dissertation comments and analyzes on those mentioned viewpoints. Starting with the time of changing of ownership, the dissertation studies what the successors own is legacy share or inheritance after the decedent’ death and before the partitioning of its legacy. By examining the existing China’s laws and regulations, judicial interpretations, and related foreign legislations, the dissertation makes a conclusion that the successor is entitled to inheritance rights during this period is not only consistent with the legislative intent of the existing law, but also more responsive to international legislation trends. At last, according to this conclusion, this dissertation will clear related heritage legal relationship and propose advice.The third part: the results of the case and reflections on the successor spouse’s rights. First, the author makes a brief introduction to results of the case. Given that some successor renounced his inheritance, his spouse cannot require partition what the successor should have based on the jointly owned property prescribed by marriage laws and regulations, which leads to the thinking on the rights of the successor’s spouse. Next, according to the different status of marriage, the dissertation briefly discusses the exercise of the rights of the successor’s spouse in different ways, and makes detailed description on the conflict between the successor’s renouncement of his inheritance rights and his spouse’s right, meanwhile, the dissertation probes into how to protect the rights of successor’s spouse reasonably and effectively. Then, the author puts forward legislative suggestion for perfecting marriage and inheritance laws and regulations.