Study On The Institution Of Subsequent Succession

With the rapid development of social economy,the lengthen of life expectancy of the prolongation,the increased of citizens' personal wealth,the increasing number of cases of inheritance disputes in our society,and some new phenomena appeared gradually in the marriage and family relations in our country,such as,"one spouse dies,the other spouse remarried" or "the elderly remarry difficultly",which have been common in the present,it is followed by a series of disputes and conflicts on inheritance.With regard to testamentary succession,the "The inheritance law" implemented in our country has no explicit recognition and regulation of the system of Nacherbschaft successor inheritance,and there are different theories and viewpoints in the academic circle as to whether the system should be set up in our country.The system of Nacherbschaft successor succession,also called secondary succession system or substitute succession system in other regions,refers to the testamentary succession in which the testator appoints an heir in the will to inherit the interests of the estate,and after the beginning of the succession,a special system of succession that transfers the estate to another heir will activated when the testator's condition is fulfilled or the term has come.In the Nacherbschaft succession system,for reasons such as remarriage,the testator's estate may be lost or the interests of the testator's children may be diminished.The testator may,in advance of the will,set the right of residence of the surviving spouse to the house for the former successor after his or her death,When the surviving spouse dies or remarries,the children of the testator will inherit the complete ownership of the house as the successor.Besides,the Nacherbschaft system of successor inheritance also strengthens the protection of the rights and interests of minors or unborn foetus.Because minors and unborn fetuses,even if they inherit certain inheritance,are generally unable to handle their heritage benefits,which requires a better legal system to safeguard the interests of such persons in inheritance.This paper is divided into five parts.The first part is the introduction of two small cases,through the case of the problems related to the Nacherbschaft successor inheritance system,leading to the topic to be studied in this paper.The second part is to define the concept of the Nacherbschaft successor succession system,elaborate what is the Nacherbschaft successor succession system,introduce the origin,attribute and characteristics of the successor succession system,and then distinguish the Nacherbschaft successor succession system from the other systems in the testamentary succession to make clear the irreplaceable importance of the Nacherbschaft successor inheritance system.The third part is to analyze the necessity and feasibility of the establishment of Nacherbschaft successor inheritance system from the perspective of theory and social practice.Any introduction of any system must also have important theoretical and practical significance to China,so this part discusses the social functions and social needs of the Nacherbschaft successor inheritance system to explicit that there exists the social demand for the establishment of the Nacherbschaft successor inheritance system in China and the necessary conditions for the establishment of the system.The fourth part introduces the legislative attitude of the foreign countries to the Nacherbschaft successor succession system.Firstly,it introduces the legislative examples of the representative countries under different attitudes,and then evaluates and nanalyze the advantages and disadvantages of the legislative status quo of extraterritorial Nacherbschaft successor succession system.The fifth part is about the establishment of the Nacherbschaft successor succession system in our country.Firstly,it introduces the different viewpoints and attitudes of whether to establish the Nacherbschaft successor succession system in the academic circles of our country,and makes a brief comment on it.Then it analyzes how to draw lessons from the extraterritorial legislative experience and puts forward some legislative suggestions on how to construct the Nacherbschaft successor inheritance system from the view of systematic content and stylistic rules and layout respectively.