The Evolution Of The Inheritance Of Collateral Blood

The revision of the inheritance law is an important part of the codification of the civil code,which should consider the development of social practice."Subrogation inheritance " involves the fairness and justice of rights and obligations between different generations.How to adjust the scope of subrogation inheritance is an important content which need to be considered in the compilation of this civil code.Article 1128 of the civil code of the People's Republic of China,on the basis of article 11 of the current succession law,expands the scope of subrogation inheritance from "lineal blood relatives" to "collateral blood relatives",which reflects the substantial expansion of the scope of subrogation inheritance.This paper mainly introduces the basic content of the system of subrogation succession,and on the basis of judicial practice,discusses the practical urgency to expand the status of collateral blood relatives in subrogation succession,and on the basis of legal theory,demonstrates the necessity of collateral blood relatives in subrogation succession.In the end,this paper discusses the whole process of the scope of subrogation inheritance in the process of compiling civil code,sorts out the specific content of "subrogation inheritance" in different drafts of legal opinions,and evaluates the content of "subrogation inheritance" in civil code.