A Study On Conflict And Reconciliation Between Separation Habit And Inheritance Law

Family separation is the traditional Chinese family to deal with intergenerational property inheritance and the formation of family property division habits,folk commonly known as "brother separation ".After the publication of the Civil Law of the Republic of China by the Nanjing National Government in 1930,the inheritance system in the western modern sense began to stand at the level of national law and began to be implemented in our country.However,family separation is still active in civil society,adjusting people's lives.The central rule of the separation habit is "the equal distribution of family property among sons ".In modern inheritance law,family property is distributed equally between men and women in the absence of a will.Separation and inheritance law.There are obvious differences in the rules of intergenerational inheritance of property.In addition,there is also a great conflict between the separation habits and the relevant system rules of inheritance law in the aspects of debt repayment and the obligation to support the elderly.At present,a large number of academic social survey data show that the practice of family separation still exists widely in rural areas and some urban communities in China,and the average distribution of families is still the main rule governing the inheritance of family property in grass-roots society.Civil code codification is imminent,many scholars call on the civil code to transplant the European civil code theory and rules,but also to investigate and absorb the civil customs,so that the civil code reflects the civil way of life of the Chinese.How to reform the existing inheritance law when the civil code is compiled,is it fully incorporated into the code,or is it selective to respond to the civil custom represented by the separation of families? Is to exclude family separation from the civil code,and It's about changing the rules of separation? What are the specific effects of family separation on the inheritance of family property today? How to deal with the relationship between family property and personal property? The answers to the above questions need to be based on a comprehensive investigation and combing of the separation habits.In view of this,this paper tries to take the separation habit of Hongdong County of Linfen City,Shanxi Province as a starting point to discuss deeply the internal conflict between the separation habit and the modern inheritance law,and how to reconcile the internal contradiction between the two.This paper is divided into five parts.The first part points out the importance of the current research on the separation habits,and introduces the domestic and foreign research on the separation habits and inheritance law;the second part,starting from the existing literature,gives a general introduction to the traditional separation habits of our country,and then introduces the separation habits of Hongdong County,Linfen City,Shanxi Province.This part is also a great innovation of this paper.Using the method of empirical research,the author obtains the latest information on the basis of field research,which makes the writing of this paper have more objective practical significance.The third part introduces the conflict between the separation custom and the current inheritance law in the direction of property transfer and the treatment of debt settlement.The fourth part focuses on the reasons for the conflict between the separation custom and the current inheritance law.The fifth part seeks a solution to the conflict between the separation custom and inheritance law from the legislative and judicial fields in order to serve as our civil law The compilation of the Code succession provides assistance.