Study On The System Of Legacy Discretion Distribution

The inevitable trend of population aging and the status of children living separately from the elderly lead to the emergence of new maintenance relations,such as unregistered adoption legal relations,unmarried cohabitation relations,mutual support between same-sex couples and so on.In order to protect this type of dependency,article 14 th of the Inheritance Act provides for the proper inheritance of persons other than heirs who rely on the lack of labor capacity to support the heirs and who do not have a source of livelihood,or who are more dependent on the heirs than the heirs.This paper combs the legal principle,nature and operation status of the right of legacy discretion distribution,and finds that the current legal provisions do not reflect the differences in the rights and attributes of the two categories of subjects,that there are no clear substantive elements and procedural elements in the application,and that the judicial practice is inconsistent,so the system of legacy discretion distribution needs to be completed.And the amendment of the inheritance law has been put on the agenda,which provides objective conditions for the perfection of the system.The legal basis of the right of legacy discretion distribution mainly includes the theory of "The maintenance of life should continue until after death" and the theory of "consistency of rights and obligations",and corresponds to it,the rights attribute of the two kinds of subjects is differentiated,and the difference should be reflected in the application.It is suggested to complete the system of inheritance from the aspects of entity elements and procedural elements,and to clarify that the subject type is two categories of people who do not finally acquire the inheritance through inheritance,bequest and so on: those who depend on the lack of labor ability and have no source of livelihood supported.It is clear that the dispute of discretionary heritage distribution should not apply to the subsuccession,and replace the "before the partitioning of the estate" with the expression of "before the disposition of the estate".Reasonable legacy discretion distribution is conducive to safeguarding the survival interests of vulnerable groups,ensuring the diversification of maintenance relations,and adapting to the needs of social reality.