A Study On Inheritance Leniency System From The Perspective Of The Elderly

Article 1125(2)of the civil code of the People's Republic of China(hereinafter referred to as the civil code)creates the system of inheritance forgiveness,and the system of how to recover the successor after he is confirmed to have lost the right of inheritance is added in the inheritance part.The system of inheritance forgiveness refers to the system in which the heir does repent after the act of losing the inheritance qualification stipulated by law,and the heir does not lose the right of inheritance if the decedent shows forgiveness or lists him as the heir in the will afterwards.The establishment of the inheritance leniency system is based on the basis of reasonable people.It is assumed that both the heir and the deceased have the capacity for civil conduct,can accurately express their inner meanings and can perform actions according to their inner meanings.In order to restore the right of inheritance,it is necessary to achieve the two requirements of the successor's "repentance" and the intention of the deceased to be lenient.However,in judicial practice,it is often not so ideal.Through the empirical analysis of judicial judgment cases,it can be seen that the application subject status of cases confirming the loss of inheritance rights accounts for a large proportion of the elderly.The elderly pay attention to the issue of support,and the heirs mostly request to confirm the loss of inheritance rights with "no support".Therefore,the perspective of the elderly is introduced into the discussion of the inheritance leniency system.With the deepening of the aging of the population,the number of elderly people with dementia is on the rise,and the risk of the elderly losing their civil capacity is also increasing.From the perspective of the elderly as the decedent and the elderly as the heirs,we discuss how to forgive the elderly after dementia and loss of civil capacity.This article mainly discusses two issues: The first issue is that the successor is confirmed to have lost the right of inheritance when he commits an act of statutory reason for losing the right of inheritance.The elderly who were the decedent later became demented,the heir did show repentance,and the decedent did not have the capacity for civil conduct before his death,so he could not express the intention of forgiveness.So can the inheritance right be restored without the deed's leniency? The second problem is that the elderly who,as heirs,have performed the act of losing the right of inheritance for legal reasons,and are confirmed to have lost the right of inheritance.The later heir is demented,the deceased clearly expresses mercy,and the heir still does not have the capacity for civil conduct before the death of the deceased,and is unable to perform repentance.So can the inheritance rights be restored when the heir's "repentance performance" element is missing?The conclusion of this article is: in response to the first question,the elderly as the deceased lack the element of forgiveness,and the heir confirms that there is a "repentance" element.Then it can be confirmed that the heir has restored the right of inheritance through the assistance of other heirs' intentions of forgiveness or only judging that the heir has "repentance".Regarding the second question,the elderly,as heirs,lack the "repentance" element,and the heirs expressed the intention of forgiveness.Then it can be confirmed that the heir can restore the right of inheritance through the assistance of other heirs ' intention to express leniency or just to judge that the decedent has the elements of express intention of leniency.