Research On Legal Issues Of Inheritance Contract

With the continuous development of China’s economy and society,traditional heritage treatment methods have been unable to meet the needs of society,and the way in which inheritance agreements are used to deal with heritage has gradually emerged.However,the gaps in the legal provisions of the inheritance agreement have led to an increasing number of disputes in the succession agreement,and the cases involved in the case cannot be effectively resolved.By demonstrating the basic theory of the inheritance agreement,this paper analyzes and solves the main obstacles in theory and practice,and puts forward feasible suggestions on legislation and current practice,in order to benefit the introduction and improvement of the inheritance agreement system in China.The first part of the thesis is an introduction,which mainly introduces the research background of the inheritance agreement system and the status quo of domestic and foreign legislation,and explains the research significance of the subject.The second part is the theoretical basis of the inheritance agreement system.By clarifying its meaning and characteristics,it is a way of inheriting that breaks through the traditional unilateral behavior.By distinguishing it from the relevant legal system,its legal nature is clarified.The third part analyzes the legislative and judicial dilemmas faced by China’s inheritance agreement system.Find out the main legal dilemmas faced by collecting,analyzing and summarizing relevant cases.Based on the existing legal system,the extraterritorial legal theory is used as a reference to solve the problem of whether the support obligation can be abandoned and whether the two core theoretical issues can be abandoned before inheritance.The fourth part discusses the necessity and feasibility of establishing the inheritance agreement system in China.The necessity of introducing the system is explained in terms of satisfying social needs,standardizing the requirements of the agreement,and making up for the lack of law.The feasibility of introducing the system is explained from the theoretical,social and extra-territorial aspects.The fifth part provides advice on the construction of the inheritance agreement system.The method of comparative law is mainly used to combine the extraterritorialmature legislation with the current situation in China.On the macro level,the legislative model draws on the experience of Germany and Sweden,and builds the guiding principles of the inheritance agreement system based on the basic principles of the inheritance of our widows.The specific system design includes the subject,content,effectiveness of the succession agreement and the cancellation,cancellation,and abolition of the agreement.