The Contract Of Succession System Research

The current inheritance law in China was adopted in 1985 and went into effect in October of the same year.Due to the age and the relatively low value of people's living standards at the time,there was not much controversy and problems in the application of laws and the resolution of problems.Nowadays,in the context of more than 30 years of reform and opening up,China's economic system reforms have continued to deepen.Citizens' private property forms have also become increasingly diversified,and many people have begun to tend to deal with the legacy with their personal wishes.For the new situation and new content that we go through now,the current inheritance system began to show signs of fatigue.In particular,in terms of the inheritance,at present,China still adopts the intestate succession predominantly,and the testamentary succession is obviously yet to be improved.Although the current inheritance law has provided wills bequests and bequest inheritance three legal institutions for people on different conditions to apply to,there are still some flaws,for example,the validity of inheritance contract signed between the deceased and the legal heir about how to arrange their own maintenance and inheritance issue is still in a matter of debate,in judicial practice its legal force is often denied,from the perspective of legislation it is still belong to blank,these all lead to the relevant disputes cannot be resolved properly.Therefore,the author adopt the document stud,comparative analysis,empirical analysis and other methods to discuss the basic theory of inheritance contract system and the basis for the establishment of inheritance contract system in China,combined with foreign legislative experience,and proposed specific constructive ideas about how to build this system in China,so as to perfecting our country's inheritance legal system and achieving the protection of the decedent's autonomy in inheritance.This article is divided into introduction,body and conclusion of three parts.In the introductory part,the author preliminary introduce the succession contract system and the current status of the succession system briefly.For the main body part,the author divide into the following sections to elaborate: In the first part,the author introduces two cases in the judicial practice to introduce the situation of different judgments in the same case caused by the lack of inheritance contract system in the legislation,and analyze it then point out that the current inheritance law needs to increase the succession contract system to improve the current insufficiency in legislation.In the second part,the author mainly elaborate on the basic theory of inheritance contract,introduce the concept of the inheritance contract system,the characteristics of the system and the value of this system,etc.,and then it is compared with correlative concepts,such as the common will,the common civil contract or the legacy-support agreement,to emphasize the characteristics of this system.In the third part,the author focuses on introducing the different legislative attitudes and institutional rules of the extraterritorial contracting system for inheritance,from the perspective of the confirmation of legislative,the negation of legislation and the compromise of legislation on Germany,Switzerland,the British,and the United States inheritance contract.Detailed analysis,comparison and introduction of the specific provisions reveals the implications of the extraterritorial legislation on the construction of China's Contract of Succession system.In the fourth part,the author demonstrates the necessity and rationality of the construction of inheritance contract system,then putting forward the legislative proposal and specific system design of inheritance contract in our country's inheritance law,with a view to filling the legislative gap and providing the legal basis for the case adjudication in the judicial referee.And providing theoretical support for the future inheritance plait of the civil code.In the conclusion part,the author reviews the first part of the case and analyzes and summarizes the inheritance contract system involved in this article.