Construction Of Estate Without Successors Procedure In China

Construction of estate without successors procedure is conducive to protect the interests of the holder of the heritage and realize the social value of the property. Currently, China has no estate without successors procedure, just sets it belongs. Therefore, construction of estate without successors procedure in China should be one of the main content of perfecting the succession law and the civil procedural law in the future. This article researches construction of estate without successors procedure, to facilitate this procedure can be established in our law. This article is composed of introduction, text and epilogue.The text is divided into three parts discussed.In the first part, the concept of estate without successors procedure is discussed. Firstly, this section describes the concept of estate without successors, and compares it with unowned property and no one acknowledged inheritance. Secondly, the legislation characteristics of estate without successors procedure in other countries as well as Hong Kong, Macao and Taiwan regions are analyzed, in order to learn from their experience and achievements. Thirdly, the necessity of the construction of estate without successors procedure in China is elaborated.In the second part, this content introduces the present situation and problems of dealing with estate without successors in our country, and analyzes the present situation of legislation and practice, for the purpose of discovering the existing problems.In the third part, some specific recommendations of the construction of estate without successors procedure are proposed, from the establishment of the administrator’s determination procedures, the establishment of searching heir notice procedures and the establishment of inheritance liquidation procedures of three aspects.