Research On The Contract Of Succession System’s Legislation In China

The contract of succession is a special contract consists in the area of inheritance.It is a kind of agreement made by parties about inheritance.The contract has features which most general contracts also have.Moreover,it has its own distinctive features,which make it different from general contract,wills and bequests.The contract of succession is originated in Germanic Law.It was regarded as a directive method for heir to get the legacy like “succession at law” at that time.Comparatively,the Roman Law denied the system because of the limitation of the principle called “The free wills do not limited by contracts established before one’s death”.In view of different attitudes in the history,with the development of the society,the system has changed a lot.Nowadays,different countries make different rules in their native law.It depends on inheritance habits,legislative background,sense of worth in law and so on.As a result,different legislative modes have appeared in the world.As a new access,parties can dispose their legacy easily with the contract of succession.In China,neither the succession law nor relevant judicial interpretations have clearly ruled the system.There is an analogous system named “the legacy-support agreement”.It is also used to dispose the legacy by the agreement.One side can get the other side’s legacy after fulfilling the obligation.There is no doubt it has some similarities compared with the contract of succession,but they also have difference to some extent.With the increasing of private property,people have more wishes to dispose their support and inheritance by themselves.The existing systems including the legacy-support agreement,wills,bequests have embodied their defects by degrees no matter from the subject or the content.However,in judicial practice there have surged so many cases about the contract of succession.Whereas there are no direct rules in the law which result in different courts make different judgments to these kinds of cases.It is possible to waste the judicial sources,damage the judicial authority and parties’ interests.As a result,it is significant and necessary to research the establishment and application of the system in China.Moreover,with the enactment of the general rules of civil law,the China civil code will be published soon.In view of the chance,the succession law and the contract law will fulfill a perfect integration if the system established this time.The thesis aims to the contract of succession and divided into 4 parts.That is: the existing rules and application of the contract of succession,the feasibility of the system in China,the establishment and effects of the contract of succession,the termination and relief of the contract of succession.In the first part,firstly the writer states the existing rules in China succession law,then mention the problems of application in practice through a typical case.At last,analyzes the case and generalize the main style of succession agreement in China.In the second part,the writer discusses the feasibility of the establishment of the system.In the course of the analysis,the writer will refer to the new contents of the general rules of the civil law and the legislative trends of the succession law.Then the writer will expresses opinions on its feasibility through the aspects of conditions,habits,the relationship between the contract of succession and legal support obligation.In the third part,as is stated above,the conditions are ripe for the system in China.Under the background of the enactment of China civil code,the writer will make the comparison among the system and other relevant concepts.Then put forward suggestions about the establishment and effects of the contract of succession.In the last part,the writer will make the research about the termination and relief of the contract of succession.There are 4 aspects to discuss: the invalidation and rescission of the contract of succession,liability for breach contract and lawsuit of the contract.