The Study Of Inheritance Agreement System

With the steady development of economy and the continuous growth of private property,China has been in the development stage of rapid aging of the population,and the pension problem has become an important people’s livelihood issue,which has not to be solved.In order to obtain high-quality old-age care,people often link inheritance with maintenance obligations,and take the form of signing inheritance agreement with the legal heir to achieve this goal.However,there are no relevant provisions of inheritance agreement in Chinese Civil Code,and the agreement of inheritance and maintenance,which is most similar to inheritance agreement,has many shortcomings,and can not satisfy people’s autonomous needs.In judicial practice,courts deal with inheritance agreement cases in different ways,leading to different judgments in the same case,which cannot fundamentally solve inheritance disputes.In view of this,this article studies the inheritance agreement system,and puts forward some reasonable suggestions for the construction of inheritance agreement system in our country,so as to solve the inheritance disputes in practice,and guide the judicial adjudication activities effectively,so as to satisfy the people’s autonomy demand.This paper is divided into three parts.The first part is the definition of inheritance agreement.Firstly,this paper defines the concept of inheritance agreement and holds that inheritance agreement refers to the agreement reached between the legal heir and the decedent on the matters of maintenance and inheritance through negotiation.Secondly,this paper discusses the characteristics of inheritance agreement,and points out that inheritance agreement has the following characteristics: the subject has particularity,the realization of the content has phases,the formal requirements are more strict,and the dual attributes of death penalty and contract.Finally,this paper compares inheritance agreements with similar concepts,analyzes their similarities and differences with common wills,wills with obligations,general civil contracts and legacy maintenance agreements,and distinguishes inheritance agreements from similar systems in order to avoid confusion and misuse.The second part is the establishment of inheritance agreement system.Firstly,this article starts with the legislative situation of inheritance agreement,mainly discusses the limitation of the present disposition mode of inheritance in Civil Code,the deficiency of the system of inheritance agreement which is most similar to inheritance agreement system,the contract of inheritance Code and relevant applicable provisions.It is considered that the succession agreement is within the scope of legal relations adjusted by the second paragraph of Article 464 of the Civil Code and can refer to the applicable contract.However,there are many problems in the legal application of this article,which needs further interpretation.Secondly,this paper searches the cases of inheritance agreement in judicial practice.The courts have different treatment of inheritance agreement dispute cases,and there are still many problems that cannot be explained by analogy application of similar system.Finally,this paper discusses the institutional value of inheritance agreement,and holds that inheritance agreement system plays a positive role in fully respecting the autonomy of the parties’ will,expanding the way of pension for citizens,and providing legal basis for inheritance disputes.The third part is the construction of protocol system.First of all,this paper discusses the theoretical basis of the construction of inheritance agreement system,analyzes the existing theoretical disputes,namely,the conflict between legal maintenance obligation and agreed obligation,the conflict between inheritance agreement system and the principle of equal inheritance right,and whether inheritance agreement constitutes an improper restriction on the principle of testator freedom,so as to build a solid theoretical foundation of inheritance agreement system.And then this paper introduces foreign inheritance contract system to provide reference for the construction of inheritance agreement system in our country.Secondly,this paper discusses the effect of inheritance agreement.As for the external effect of inheritance agreement,this paper thinks that inheritance agreement is superior to will and legacy.Regarding the internal validity of inheritance agreement,this paper considers two points as follows.First,after the signing of the inheritance agreement,the decedent can dispose of the property agreed in the agreement,but only on the premise of good faith.Second,the validity of renunciation of inheritance before the beginning of succession,mainly focuses on the distinction between the early renunciation of inheritance agreement and the renunciation of inheritance and the identification of the nature of inheritance.Finally,this paper discusses the special rescission rules of inheritance agreement and the causes of rescission of inheritance agreement,and discusses the exemption of binding force of inheritance agreement from these two aspects.