Discretionary Research On Estate Claims

The right to claim for discretionary inheritance is the right that people other than the heir can claim to share a certain inheritance due to the maintenance relationship with the decedent before his death.It is a way for the discretionary assignee to claim property interests based on factual behavior.In the case of a discretionary delegate who relies on the maintenance of the deceased,the claim is actually the maintenance cost;As far as the discretionary decentralization person who has more support for the decedent is concerned,the request is actually the compensation and reward for the maintenance expenses and maintenance services paid by him.It is not necessary to obtain the inheritance itself,as long as it obtains the corresponding property interests.Therefore,it has the nature of creditor's right and is a kind of inheritance debt.Firstly,this paper discusses the basic theory of discretionary inheritance claim.Secondly,it analyzes the current situation of the discretionary inheritance claim system,and refines its existing problems.Finally,the corresponding improvement suggestions are put forward.The first part is the basic theory of discretionary inheritance claim.Firstly,it introduces the concept and basic characteristics of discretionary claim for inheritance,and compares it with legal inheritance.Secondly,by summarizing the views of experts and scholars,this paper explores the nature and scope of application of discretionary inheritance claim.Thirdly,it analyzes the value of China's discretionary inheritance claim system in the current society.The second part is the analysis of the current situation of discretionary inheritance claim system.This part first lists the current situation of legal provisions,then analyzes the current situation of judicial practice,and collects case data as the reference basis for the current situation of discretionary inheritance claim system.Finally,combined with data and charts,this paper analyzes the problems existing in the discretionary inheritance claim system.This paper analyzes the problems existing in the legal positioning,specific provisions,acquisition elements,realization order and exercise of rights of the system,and finds the reasons for the shortcomings of the system according to these analysis,so as to try to provide some feasible and perfect ideas for China's discretionary inheritance claim system through detailed analysis.The third part is the suggestions to improve the discretionary inheritance claim system.First,strengthen the rational construction of the system of discretionary inheritance claim.Second,improve the specific provisions of the discretionary inheritance claim system.Improve from the aspects of legal nature,subject scope,acquisition elements,distribution amount and so on.Third,standardize the practical operation of the discretionary inheritance claim system and promote its effective implementation.