Research On Request Right Of Recovering Inheritance

As an age-old legal system, "Inheritance Law" provides a very effective legal basis for protecting the rights of the heirs. However, our current "Inheritance Law" enacted in 1985, has been used for more than 30 years.With the development of society and the change in family members of the structure and the form of property, this "Inheritance Law" which was born in the planned economy era and only 37 legal provisions throughout, in the process of inheritance rights protection has become increasingly feeble, therefore, academic and social voice on modifying the "Inheritance Law" is increasing. Request right of recovering inheritance discussed herein, is an inheritance system which the current "Inheritance Law" no involved in. It is a legal protection mechanism which the heirs taken to receive inherit right when against others, the study of the mechanism has far-reaching significance, the author made a depth study on request right of recovering inheritance’s historical evolution, concept, function, exercise,system perfection and so on, and in the final to formulate the relevant legal provisions, in order to avail our country "inheritance law" changing in the future. This paper consists of five parts:The first part is an overview on the request right of recovering inheritance, firstly starting from the historical evolution of request right of recovering inheritance, by tracing the origin of this right and then make a further analysis to its concept, function, in order to explore the choice of the future legislation for request right of recovering inheritance; The second part mainly through to clarify request right of recovering inheritance relations with other request rights, to make clearer definition on the nature and status of the right; The third part through detailed analysis the components of the request right of recovering inheritance, then embarks from the practice, has been clear about the subject of the exercise of this right;The fourth part is to introduce the legislation status in civil law countries and regions, through analysis and comparison of the establishment of the relevant legal provisions and the system of each country and region, draw on existing experience to provide adequate theoretical basis for the improvement of legislation; The fifth part summarizes the theoretical study of request right of recovering inheritance above, particularly in basing on reference individual national legislation model, combined with the current legislation in China, and to reflect on the legislation defects, and further demonstrates the necessity and feasibility to establish request right of recovering inheritance in our country. Finally, on the basis of studying other countries legislative experience, combining theoretical research results, propose the legislative conception, in order to beneficial our civil code of inheritance of legislation to improve and perfect.