A Study On The Action Of Realizing The Claims Of Common Estates

As the "Real right Law" does not have a clear provision on whether the joint inheritance is a joint inheritance or a joint joint ownership.Different countries or regions have different provisions on the types of common inheritance.Before the division of the estate and there is no will,bequest.This article intends to discuss the common inheritance claims as the premise of the common common relationship.In our country,because of the influence of traditional customs,the heirs have more than one heir after death.The heirs often do not divide the estate immediately,but are in a state of common ownership,in which case the people's law,when a partial heir sues for the realization of a common estate claim,The court got a solution to the dispute.In this case,it is necessary to add all heirs who have not given up their substantive rights to conduct joint action as plaintiffs.This paper mainly discusses how to solve the problems in realizing the claim of common estate claims.Due to the fact that the plaintiff involved in the joint estate claim is not clear enough,there are obvious differences with the common creditor's rights and debt disputes.And in the current theory of our country there are many blank spots about the litigation of inheritance dispute.Through the research and analysis of the current social situation and the application of the extraterritorial law,this paper takes the joint action as the basis.Based on the parties' suitability,this kind of action is taken as the starting point.The particularity of this paper is investigated and analyzed.This article mainly starts the research from four parts.The first part,the overview part.Firstly,from the legal basis of the common estate claims,it explains what is the common estate claims,the conditions of the common estate claims,and the nature of the common estate claims.To make a basic definition of the subject matter of common estate claim;Secondly,this paper expounds the meaning and nature of realizing the claim of common estate claims,through the study of different theories,defines the nature of the claims of common estate claims in our country,and lays a foundation for the following discussion.Finally.This paper makes a comparative analysis of the claim for the realization of the common estate and the action for the division of the claim of the common estate,so as to highlight its particularity and to study the realization of the claim of the common estate.The necessity of suing.The second part expounds the circumstances in which the heirs can become the suitably litigant to realize the claim of the common estate.It is mainly divided into two parts: the theory of individual exercise and the theory of joint exercise.In our country,the theory of joint exercise is mainly adopted.Therefore,the introduction to the theory of individual exercise is mainly the study of other regions outside the country.The research on the theory of joint exercise is mainly focused on the current legislative situation of our country.The heirs of different identities are discussed separately and who can become the eligible party to realize the claim of joint estate claims under what circumstances.The third part mainly explains the need to add the situation of omission of co-successors if the claim of common estate claims is realized.First of all introduce the necessity of the existence of the system of supplementary co-litigation heirs.Is the prerequisite of this part of the discussion.Secondly,introduce the Anglo-American law system and the civil law system to add the omission of common litigants.Through the comparative study with foreign countries or regions,we can find the deficiencies of our system and the need to improve it.Finally,we introduce the existing system of supplementary heirs in the joint action in our country.It also points out the defects of our country's existing system and puts forward some concrete measures to improve it.In the 4th part,the author mainly studies how to make the common estate creditor's right to be owned by the heirs.The ultimate purpose of inheritance is the division of the inheritance.Therefore,it is necessary to study the connection between the common estate creditor's rights and the distribution of the estate.Only if the estate is converted into the private property of individual heirs can its value be brought into full play.Choose the way to split the estate and then sue the debtor to repay the debt.Secondly,the focus of our country in part of the plaintiff heirs to sue and apply for enforcement of the status quo and legislative gaps.And put forward can carry on perfect operation mode.