Study Of Inheritance Agreement System

With the increase of citizens’ property and the diversification of the demand for inheritance disposal,in practice,there are agreements between the decedent and his legal heirs to pass on his inheritance,but the agreements include not only the distribution of the inheritance,but also the setting of obligations for the heirs and the waiver of inheritance rights by some of the heirs,etc.What is the nature and legal effect of such agreements? The law in China does not clearly stipulate this,and in judicial practice,the courts have no way to deal with the relevant cases,resulting in frequent "different judgments in the same case".As a matter of fact,the inheritance agreement is a contractual agreement that sets out the respective rights and obligations of the parties,which reflects the decedent’s free will to dispose of his estate after death and satisfies his specific purpose by creating obligations for the heirs;for the heirs,they have the right to claim the inheritance through the performance of the obligations agreed in the agreement,and their rights are protected by the inheritance agreement and are not affected by the decedent’s disposition during his life or death.The right to claim the inheritance is protected by the inheritance agreement and is not impaired by the disposition of the decedent’s life or death.Inheritance agreements are rich in practical value,and the transfer of inheritance by agreement is widespread in comparative law,but due to the different regulations on the nature,effect,and scope of application of the agreement,it is divided into three models: the inheritance contract system in the German law system,the testamentary contract system in the common law system,and the exception rules in other countries that prohibit inheritance agreements.Inheritance contract in the German law system is a direct basis for acquiring inheritance as a kind of disposition by cause of death;testamentary contract in the common law system has only contractual effect,and the counterpart of the contract needs the decedent to make a separate valid will to acquire the inheritance;France,Italy,Japan and other countries that follow the Roman law tradition of prohibiting inheritance agreement have carried out legal reforms in recent years and recognized the effect of inheritance agreement in a specific scope.There are two theoretical obstacles to the establishment of the succession agreement system in China: one is the validity of the agreement to renounce succession before the commencement of succession;the other is the validity of the agreement to renounce succession as the consideration for the exemption from the duty of support.However,these two issues do not justify the rejection of the inheritance agreement system.The renunciation of inheritance by the heirs by mutual consent is common in comparative law,and its validity has been recognized by our courts.The heirs’ legal support obligations cannot be waived by agreement,but the invalidity of this agreement should not be a reason to deny the validity of the entire inheritance agreement.In the light of foreign legislative experience and our judicial practice,when constructing the inheritance agreement system in China: firstly,the inheritance agreement should be recognized as a direct basis for the heir to obtain the inheritance;secondly,the legislative style should be juxtaposed with the bequest and support agreement,and the agreement to renounce the inheritance right should be part of the inheritance agreement and not set up separately;thirdly,when concluding the dual inheritance agreement,the German inheritance contract system should be Fourth,after the conclusion of an inheritance agreement,the necessary restrictions should be placed on the disposition of the decedent’s life,and the scope of the restrictions should be determined according to whether the agreement is paid,whether the agreed property is specific,and the subjective intent of the decedent.Fifth,the revocation and dissolution of the inheritance agreement can be applied to the general rules of contract law,but also to develop special rules in conjunction with its specificity.