Research On The Problem Of Heirs Abandoning The Right Of Inheritance

The system of the heir disclaims his claim to inheritance is an important portion of our country’s inheritance system,but the judgments of the courts in various places on the revocability of renunciation of inheritance rights by heirs and the validity of unilateral renunciation of inheritance rights by heirs cannot be unified.This article argues that the heir disclaims his claim to inheritance is an act that has the dual attributes of identity property,and its subject is "right to form inheritance".Because the heir disclaims his claim to inheritance cannot become the subject of the creditor’s right to revocation,the functional value of the system of relinquishing the right of inheritance and the functional value of the system of the interest value of the creditor’s revocation right are fundamentally different,so the heirs’ waiver of the right to inherit is irrevocable.The unilateral renunciation of the right of inheritance by the heir is not a disposition of the common property,but the legitimate exercise of the personal exclusive right of the heir,which is valid when there is no reason for invalidity.In order to resolve differences in the judicial practice of the heir disclaims his claim to inheritance,it is necessary to limit the actors who give up the right of inheritance,the time limit for exercising the right of inheritance and the way of behavior.separation.In addition,in order to resolve the practical dispute over the unilateral renunciation of the inheritance right by heir in marriage,heir’s spouse of the renunciation of the inheritance right who has fulfilled the main maintenance obligations of the deceased may also request for inherit the estate as appropriate through the provisions of estate distribution.;The word "inheritance" in Article 1062,Item 4 of the "Civil Code" shall be interpreted as "inheritance from testamentary inheritance".