The Effectiveness Of Subsequent Succession

The subsequent succession is derived from the testamentary trust in Roman law,which reflects the principle of freedom of will.There is controversy at home and abroad about the validity of the subsequent succession.For example,the German Civil Code clearly recognizes the subsequent succession,while France prohibits the subsequent succession.There are no provisions in our country's laws.Judicial decisions are also controversial,and the doctrine is also positive and negative.In view of this,this paper will take the subsequent succession as the object of study and demonstrate the validity of the subsequent succession.In addition to the “Introduction” and “Concluding Remarks”,this article is divided into four parts:The first part “Overview of the system of the subsequent succession” elaborates the concept and characteristics of the subsequent succession,and discusses the legal relationship of the subsequent succession from the three aspects of the subject,the object and the content of the subsequent succession.The second part “comparison of subsequent succession system and similar inheritance system” compares subsequent succession with similar-inheritance systems,and concludes that subsequent succession is unique and cannot be replaced.The third part is “Legislation Status and Judicial Practices at Home and Abroad”.Firstly,it elaborates on the different legislative cases in foreign countries.Secondly,it introduces the regulations on no subsequent succession in China's laws,and the system of succession of successors in the revised draft of inheritance law.Finally,it introduces the similar cases of subsequent succession in China's judicial practice.The fourth part “the effectiveness of subsequent succession” sorts and analyses positive and negative theories on the effectiveness of the subsequent succession.Based on that,it demonstrates the validity of subsequent succession from the perspectives of judicial practice,legal act with conditions or conditional time period,ownership theory,and testamentary trust.