Study On The System Of Hotchpot In Roman Law

Hotchpot is to deduce special gift from the heritage share of the heir in intestate succession.But our country has not yet introduced this system.The system originates from the Roman Magistrate Act.There are three types of it successively:emancipated sons hotchpot,marriage portion hotchpot,descendants hotchpot.In the early days,for the purpose of correcting the legal consequences of unfair inheritance due to inequality.In late period for seeking the equality of the share of inheritance among the common successors.It not only maintains horizontal equity among the common heirs,but also seeks to achieve vertical equality among generations through the design of a cost-effective system of subrogation.By comparing ancient Roman and modem hotchpot systems,we found that the concept of fairness and equity that the former implied was generally accepted by modem continental civil law countries.The theoretical basis consists in presuming that the heirs will treat the heirs’ wishes in a fair manner and that the preparation of pre-special gifts is an advance payable.The property-conserving system is in line with China’s folk inheritance habits,and it is in line with our country’s theoretical environment.It is conducive to the realization of the "equality" of Article 13 of the "Inheritance Law" in China,and resolves the contradiction in the division of heritage.Origin in Rome law of hotchpot and cost-effective in the most countries(regions)of the inheritance and development,the system is conducive to the adjustment between the coheirs due to the actual decedent before the special gift to share of the inheritance of inequality,the realization of substantive justice heritage in statutory succession segmentation,In order to realize the substantive fairness of the inheritance division of the legal inheritance.