Research On The Enforcement Of The Heritage Transformation

The enforcement of the heritage transformation is actually a phenomenon in the enforcement practice,and it is also an important theoretical issue worthy of in-depth study in the field of civil enforcement.Heritage transformation refers to the legal property of individuals left behind when a citizen dies.After the actual controller of the estate disposes of it,the property transforms from one property form to another.In the judicial practice,for the enforcement of heritage transformation products,after clarifying the concepts and basic forms of the heritage transformation products,the conversion factors should be accurately identified,and on the premise of safeguarding the rights and interests of all parties,the values of the transformation products should be accurately segmented.To promote fairness and efficiency in the enforcement of this field.This article is divided into four parts,about 30,000 words,the basic content is summarized as follows:The first part of the thesis is an overview of the heritage transformation.First of all,according to our "Inheritance Law" and related theories,the concept of heritage is briefly described.Secondly,on the basis of the heritage,the concept of heritage transformation was defined based on the phenomenon of heritage transformation in practice.According to the classification method of objects in practice,simple classification of heritage transformations.For ease of discussion,the study of heritage transformants is limited to the study of specific species and species.Finally,on the basis of the general characteristics of the material,a summary is made of the enforcement practices of heritage and heritage conversions under the current property transaction system,and the basic characteristics of the heritage transformation are summarized.The second part of the dissertation analyzes the enforcement dilemma of heritage transformation.First of all,the classification of the enforcement of the estate is classified into the enforcement of inheritance disputes and the enforcement of the estate as the debtor's responsible property,and it is based on the nature of the proceedings of the judgment of the inheritance dispute and the inheritance principle of the inheritance of the inheritance.It is simple.Analyze the difficulties of these two types of enforcement.Second,introduce the practical cases of heritage conversion.This article selected two typical examples of theenforcement of heritage transformation,through the enforcement of the clarification of the focus of the dispute in practice,as well as the disputes of the practical circles on the views of the referees,and grasp the difficulties in their enforcement.Thirdly,according to the related theories of the enforcement practice and the traditional civil law and the procedural law,the author analyzes and confirms the transformation factors of the inheritance,and finds out the enforcement problems of the inherited transformants due to the conversion factors.Finally,combining the above analysis and summarizing the practical difficulties in the enforcement of heritage transformation,and a brief analysis of the deep reasons behind its enforcement difficulties.The third part of the thesis is the study of related issues in the enforcement of the heritage transformation.Based on the discussion of relevant enforcement situations and transformation factors above,based on the comparison of extraterritorial comparisons,the four major issues in practical operations are analyzed and discussed.First,we will discuss the property survey system in the enforcement of the heritage transformation product.It summarizes and analyzes relevant property survey systems in China and beyond.Second,the third person in the enforcement of the heritage transformation was studied.On the basis of the theoretical research on the enforcement of the country's due-to-expanding enforcement and expansion of executive power,it sums up the double expansion of execution power in the enforcement of heritage transformation and analyzes how to protect the goodwill interests of the third party.Thirdly,it analyzes the issue of the enforcement of the common heritage property as a common property,and proposes a process for the introduction of production and analysis for the protection of the heritage transformation disposal person,other heirs,and creditors in execution.Finally,we discuss the disposal of specific objects in the transformation of the heritage.With reference to the enforcement rules for the delivery of specific items in the enforcement of practical operations,a preliminary analysis was performed on the execution of specific items in the execution of the heritage conversion product.The fourth part of the paper proposes four suggestions for improving the enforcement of heritage transformation.The first point is the logical premise of the enforcement of this field,that is,the application and improvement of the property survey system in the enforcement of the heritage transformation.The second point is the factual confirmation of the enforcement,that is,the accurate identification of the transformation form of the inheritance andtransformation factors.The third point is the key to the enforcement of the transformation of the property,that is,the accurate analysis of the transformed subject matter.The fourth point is about the enforcement of relief in this area,that is,the third person should be given the right to object to the newly executed object.