Research On The Requesting Right Of Recovering Inheritance

Inheritance reply right system is an important system in civil legislation of the civil law countries,and in civil legislation in our country and made no mention of "inheritance reply claim" word,academic tong said with only one of "inheritance law" legislation and issued two judicial interpretations of the supreme people's court as the regulations of inheritance back right system in China.And with the reform and opening-up of our country's economic level off,the property of the individuals to master more and more,inheritance of legal relationship are increasingly involved in the complex,thus inherit reply suit is also more and more,in this situation,the existing fuzzy inheritance of this reply claim system already can not adapt to the judicial practice,clearly reply inheritance system of right of claim of research also becomes especially important.This paper will,from the perspective of the case,combined with the analysis of the inheritance for reply function,lead to reply to our inheritance claims the necessity of perfecting thinking,and then analysis the related concepts of the system to,in the process of analysis,in order to facilitate case methods are taken,finally put forward to perfect our inheritance for reply related legislation of some Suggestions,in order to can contribution to our country related legal system and standardize research.In this paper,this writing is divided into three parts:The first part,carry on the present situation of the system of right of claim.The article introduced two cases to illustrate the current status of the system is not perfect in our country;After the two cases in the judicial practice and academic disputes existed in the legal theory analysis,through the analysis of the results to show that the system is not perfect.Finally,analyze the inheritance reply claim system function,has been clear about the function of the system can make up the bad impact of the current system is not perfect,which in turn produces to our country current mainland inheritance right in civil law system the necessity of perfecting the thinking.The second part,reply inheritance right of claim legal analysis.Reference for comparison of different theory,reply to inherit the concept of system of right of claim,nature,the respect such as composition,the exercise of the jurisprudential analysis,in the process of analysis with reference to make it easier to the various cases in this paper.The third part,to our country inheritance for reply system perfect suggestions and reasons.According to the detailed legal analysis of the second part,the concept of the right of claim for inheritance reply,exercise,improve rationalization Suggestions were put forward in aspects of aging.