Research On The System Of Inheritance Contract

With inheritance by operation of law equally,inheritance contract can also make people get inheritance effectively.The right of succession is major element of the system of inheritance contract.The system was originated from the Germanic Law,but the improve and perfect is so hard because of the acting against traditional theory of testament.In the process of social development,there are many different inheritance habits,legislation backgrounds and value orientations.They all have effects on legislative attitude.So there are three different attitude,the affirmative legislation of German,Switzerland and Hungary,the negative legislation of France and Italy,however,the Anglo-American legal system splits the difference.This article adopts many research methods,the inheritance system of the origin,development,involving the problems and existing different attitude for study.This article embarks from the two aspects of the judicial practice and law theory,analysis,demonstration,to establish the necessity and feasibility of inheritance contract system in our country.Finally,in combination with inheritance habits,for the needs of the really in our country,draw lessons from foreign advanced legislation experience,inherit the contract system of legislative idea in China is proposed.In this paper,the author divided into four parts to inherit agreement system are discussed.First of all,discusses the general theory of contract inheritance,including inheriting the concept of contract,contract to inherit the legal characteristics and its historical evolution;Second,the foreign existing three inheritance contract legislative cases comparison and study,through the comparative analysis,draw lessons from certain legislation was the attitude of the country's specific legislative regulation,put forward the idea of constructing the inheritance protocol system in our country.Next,to our country to establish the necessity and feasibility of inheritance protocol system.This chapter will inherit the agreement system and were compared with common wills bequeath bring up,deal with arguments and the defects of the system of common wills of bequeath bring up,deal with and combined with traditional inheritance habits and historical and cultural background in China,analysis the feasibility of the build system of inheritance protocol in practice in our country.This chapter is mainly to foreign legislation and inheritance habits combined with the need of the reality in our country to put forward the legislative Suggestions to set up the inheritance protocol system in China,make up the legislative vacancy,to standardize the behavior of public inheritance agreement in at the same time,provides the legal basis for the judicial trial.