On The Effect Of The Change In Property Rights Of The Legacy

There are many theories about bequest,including the theory of unilateral transaction and the theory of contract.However,whatever the theory,bequest should be a legal act.It is in conflict with most scholars' interpretation that the effect of the bequest to property right in China's property law is not based on the legal act.In addition,the starting of the bequest is controversial.It usually doesn't rely on the death of the deceased.According to periodic analysis of the bequest,and the applicability of the kinds of theories,it is more reasonable to start at "when devisee accept the bequest".And devisee does not have the property ownership when the bequest has legal effect.If devisee wants to be the owner,he needs to have the process of publicity(alteration of movable property,the registration of real estate).In addition to interpretation relied on the phase,the interpretation based on the right of bequest can avoid the discussion of the bequest behavior,but it can affect the time when the right to bequest changes from the expected right to the acquired right.In other words,this method can influence the time when the devisee can request payment.In view of the present law on bequest,both interpretation of the phasesand the interpretation of the right to bequest are based on the two legal effects of bequest,which is,the devisee only has the right to request payment and the right of bequest should not be destroyed.