Analyse Of Spouse And Parent's Protion Of Estate

Article 1130 of the Civil Code stipulates: "The share of inheritance by the same successor should generally be equal.Those who have special difficulties in living and lack the ability to work should be taken care of when assigning the inheritance.Heirs who are obliged or live with the heirs may share more in the distribution of inheritance.Heirs who have the ability to support and have the conditions to support do not fulfill the obligations of maintenance,When distributing the inheritance,there shall be no or less division in the inheritance.Under the consensus of heir can be unequal ",from the perspective of literal interpretation,this article basically extends the provisions of the " Inheritance Law " on the statutory inheritance share,that is,the same rank legal heirs should be equal except in three special cases.When the "Inheritance Law" was enacted,China's level of economic development and social productivity was low,the state's social security system was still incomplete,and citizens' income and wealth accumulation were relatively low.Generally,it was in a tight state.The provisions of the system are based on the consideration of maintaining the family's survival,and they try to provide some support and guarantee for the future life of each heir through the limited assets of the heirs.Today,after long-term development after reform and opening up,China's economy has made tremendous progress,its national strength has been strengthened,its social security system has been gradually improved,its citizens' wealth has increased,and its social and economic background when the "Inheritance Law" was enacted has become apparent.Differently,if the parents and spouse of the heir are still inheriting the inheritance equally with the successors of the same rank,it may cause their share to be too large.The inheritance of the heir is likely to flow out to the siblings of the heir,or Spouses go to new spouses,etc.Therefore,Article 1130 of the Civil Code cannot be interpreted in accordance with the meaning only.It should be based on the values ??of equality,freedom,and harmony inherent in the law,and make a corresponding legislative interpretation through the purpose of interpretation.Under the premise of the due purpose of law and law,the share of legal heirs should be made more scientific and reasonable in order to improve China's legal succession system.