A Study On The Determination Rulrs Of Give Up Inheritance And Repentance

Abandoning inheritance remorse refers to a legal system in which the heir can remorse the abandonment of inheritance claimed after the start of inheritance before the inheritance is processed under certain conditions.Allowing the surrender of inheritance and repentance to better protect the interests and autonomy of the heirs.In recent years,with the introduction of China's housing demolition compensation policy and the sharp increase in housing prices in first-and second-tier cities,the benefits of inheritance are huge,and the number of inheritance disputes in various places has increased year by year.There is no consensus on the relevant knowledge of renunciation of inheritance,which affects the trial of specific cases in judicial practice,which not only easily triggers the abuse of the law by the parties in real life,and arbitrarily repents,but also easily leads to the law in the trial practice of the judge.Inappropriate and abuse of discretionary power cannot be used to unify the judgment standards,impact the basic principles of private law,and damage the seriousness and stability of the law.This article is mainly based on the existing laws and regulations in China,using case analysis method and comparative analysis method,through sample design and statistical data on the case of refusing to inherit inheritance in China 's judicial practice.In the case of remorse,the court 's decision support rate,the appeal rate of the case,and the main abandonment of inheritance remorse forms that appear in judicial practice,it can be seen that the current judicial practice of renunciation in the main waiver of inheritance mainly includes signing agreements,unilateral declarations,and notarization.Repentance of inheritance,but there are disputes over the validity of the conditional and time-limited renunciation of inheritance agreement,the reason for renunciation of relinquishment can be recognized for being coerced and deceived when relinquishing inheritance,when the motive is wrong,and there is a misunderstanding of the value of heritage Whether there is controversy or not is controversial.The author believes that the reasons for revocation,time of revocation,reason for revocation,and impact on other heirs should be used to make a comprehensive judgment.If the repentance is for economic benefit only,it should not be permitted.In addition,it should be noted that the notion of renunciation of inheritance caused by notarization flaws is revoked.Can the heirs claim the renunciation of renunciation of inheritance? Its renunciation of inheritance is effective.