Research On The Legal Effect Of Property Change Due To Bequest

From the perspective of whether inheritance and bequests lead to the merger of property rights changes,there are two different legislative models for this issue: one is the model of inheritance and bequests that triggers the change of property rights,and the other is inheritance and bequest.A model of separate legislation that triggers changes in property rights.Article 29 of the Property Law recognizes both inheritance and bequest as circumstances that can cause changes in property rights.This is inconsistent with China's bequest legislation model and property rights change model.China's bequest legislation model adopts the legislative model of "distinguishing between wills and bequests",and the model of "debt formalism" as a model of property rights change.From the perspective of comparative law,we draw on Germany and Switzerland,which are similar to our legislative model.Legislation in other countries does not directly lead to changes in property rights.If the bequest in the current legal framework of China has the effect of causing the change of property rights,it will conflict with the relevant systems of the current Property Law and the Inheritance Law,which is not only conducive to the maintenance of property order,but also to the identifiability of property rights.Implementation.If it is determined that the bequest has the effect of causing property rights changes,this is not only contrary to China's property law system,but also not conducive to the protection of creditors' rights.These are also the reasons for determining that the bequest has the effect of claiming rights.There are two aspects to determining the validity of the bequest's claims: one is to focus on the current system of property rights change in China;the other is to match the existing order of settlement of the estate debt.The time of the bequest of the bequest shall be based on the time of the death of the beneficiary.It is a misunderstanding of accepting and giving up the bequest right when the beneficiary expresses that the bequest is in force when he accepts the bequest.In addition,if the bequest is deemed to be effective when the beneficiary accepts the bequest,it is also difficult to determine the effective date of the bequest.It is difficult to accurately identify the way and time in which the beneficiary is accepted in practice.The bequest under the validity of the credit is effective after the death of the beneficiary.It can fill the gap between the death of the beneficiary and the bequestee's inheritance.It also conforms to the original intention of the bequest system,that is,the protection of the beneficiary.The meaning of freedom means respecting the will of the beneficiary to freely handle his property.After the death of the beneficiary,the beneficiary obtains the creditor's right of the bequested property.At this time,the property right of the bequest is not unknown.In order to effectively protect the legitimate rights and interests of all parties and the consideration of the system of property rights change in China,the beneficiary must undergo two changes in property rights in order to obtain the ownership of the bequested inheritance.After the death of the beneficiary,according to the legal inheritance,the bequest is of course attributed to the heir,and the heir at this time is the bequest.On the premise of no heirs,the application of the beneficiary is accepted,and the people's court designates the administrator of the estate as a beneficiary.However,it is necessary to impose corresponding restrictions on the heirs to prevent the heirs from arbitrarily disposing of the bequests,resulting in damage to the rights of the beneficiaries.This is the first phase of property rights changes.Following the principle of property rights disclosure,when the movable property is delivered and the real estate is registered,the beneficiary can obtain the ownership of the bequest.This is the second phase of the property right change.