Research On The Inheritance Share Of Spouses Under Abnormal Marital Relationshi

Nowadays,China’s Civil Code lists the surviving spouse as the first heir in line,and is the same heir in line with the parents and children of the decedent.In general,the equal inheritance distribution rule is adopted,which is no different from the provisions of the Inheritance Law implemented before the promulgation of the Civil Code.The Inheritance Act was enacted in the 1980,and the law was able to address the succession of spouses.However,with the rapid development of social economy,the increasing number of citizens ’private property and the rise of individualism,China’s private law as a whole has also developed with the pace of the development of the society.However,regarding the share of spouse inheritance,the Civil Code does not break through the original provisions of the Inheritance Law,and chooses to retain the original distribution rules.In the 21 st century with the rapid development of society,individualism began to impact the ethics of family law,and the social relations between people became more complex.At the same time,the form and content of marriage gradually deviated from the traditional marriage.Marriage is the premise and foundation of the spouse’s inheritance right.The development of marriage means the development of the spouse’s inheritance right.Due to the particularity of the legal status of the spouse,the inheritance of the surviving spouse as the heir is more based on the common life and emotion with the decedent.Therefore,when the inheritance occurs,if this aspect is in an abnormal state,it is necessary to conduct special investigation.The law stipulates the inheritance rules under normal conditions,but it does not specify the abnormal inheritance rules in detail,which is an extension.If the relationship between husband and wife is in an abnormal state,the share of the spouse’s inheritance should be reconsidered.Therefore,we should be clearly aware that the provisions of the Inheritance section of the Civil Code on the share of inheritance of spouses cannot cope with the complex social relations,which will cause the distress of judicial trials.Therefore,it is urgent to find solutions to maintain the fairness and rationality of inheritance.This paper discusses the inheritance share of the spouse based on the premise of intestate inheritance and on the basis of the current legislation.First pointed out that the current law can not solve the abnormal relationship in the spouse share of inheritance problem,the second to discuss the abnormal relationship and typed the situation,in each case,from the objective and subjective perspective analysis of the will of the parties and the actual effect,to analyze the abnormal relationship under the spouse inheritance share should be special consideration conclusion.Finally analysis from the perspective of legal interpretation of the current law existing loopholes,and put forward the interests of the legal method,after the interests of the normal spouse inheritance share system interests as a reference,through the parties to the specific interests,group interests,institutional interests and social public interest four angles of abnormal relationship spouse inheritance share problem analysis,to conclude which party should protect the parties.