Study On The Subsequent Succession

Deceased person expresses his intention by wills,that the former inheritor inherit the heritage first,when period expires or in certain conditions,the latter inheritor inherit the heritage.This is Subsequent Succession.It has been stipulated in German law and Swiss law,especially in German law,the system of Subsequent Succession has been improved for many years to be mature gradually,while there is no provision of Subsequent Succession in our country.With the continuous development of economy,the legal problems of inheritance have become more complicated,the existing regulation can not resolve the disputes involving Subsequent Succession properly,so it is imperative to introduce Subsequent Succession to our succession law.This paper analyses the facts and the judgements of the existing cases,further introduces the concept,characteristics,legal relationship of Subsequent Succession and the rights and obligations of inheritor in German law,finding out the necessity and feasibility of introducing Subsequent Succession to our succession law based on analyses at the level of theory,legal system and society,finally put forward the legislative proposal for the introduction of Subsequent Succession.This paper includes following parts:The first part is the overview of Subsequent Succession.The two cases show that there are disputes of Subsequent Succession and a contradiction between court's judgments in judicial practice,by explaining the concept,historical origin and valuein theory of Subsequent Succession,we can fully understand the Subsequent Succession.Besides,by comparing the system of Subsequent Succession and other similar systems,such as Supplementary Succession,Testament trust,Subrogation Succession and Transfer Succession,the similarity and distinction clarify the unique value of Subsequent Succession.The second part is the characteristic of Subsequent Succession and the legal relationship.In the characteristic of Subsequent Succession,there are three characteristics:1.Subsequent Succession exists only in testament succession.2.Adding special conditions and period to the transfer of heritage.3.Heritage will be transferred for two or more times in Subsequent Succession.In the legal relationship of Subsequent Succession,the subject,the object and the relationship between former inheritor and latter inheritor have been introduced.Especially in the subject of Subsequent Succession,former inheritor,latter inheritor,subject in special conditions and simplification of Subsequent Succession have been analyzed,the analyses highlight the characteristics of Subsequent Succession.The third part is the rights and obligations of the former inheritor and latter inheritor.The rights and obligations have been listed according to German law.The former inheritor has ownership of heritage,usufruct of heritage,right of claim and recall right,also bears the obligations of attention,guarantee,notice and transfer.The latter inheritor has the right of claim and inquiry,also bears the obligations of repayments and permits.The focus is on the ownership of heritage of the former inheritor,in order to protect the interest of the latter inheritor,the right of disposition of the former inheritor has been restricted to some extents.The fourth part is discussion of establishing the Subsequent Succession in our Succession law.The necessary of establishing Subsequent Succession has been analyzed at the level of theory,legal system and society.Besides,it clarifies some related problem: 1.Request of special condition.2.Restriction of times and period;3.Approach to right relief of former inheritor.Considering the actual conditions,the legislative proposals of Subsequent Succession has been proposed by reference to German law and Swiss law.We hope that the Subsequent Succession will play itsgreater role in succession legal system of our country.