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Rural House Inherited Problems

Posted on:2011-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:J Q LiFull Text:PDF
GTID:2166330332479859Subject:Law
Abstract/Summary:PDF Full Text Request
As a heritage of houses in the process of inheriting heir. The reason is not only the most basic building to meet people's needs, more lies mainly in place under the condition of market economy value attributes inherent houses. But rural inherited housing problem in the process of housing estate not how to realize the housing situation heir disposition; Rural house registration system in the imperfect inherited the impact of houses, Heir of betraying inherited housing by court for invalid embarrassed, More important question is heir to the rural collective, loss from rural collective member qualification after using homestead again according to the practical legal trouble, Female heir to the inheritance of the house is infringed, etc. This article attempts to rural house inherits the process above four parts research problems.The first chapter of house-site:inherited housing system and its influence. In this chapter of house-site concept, characteristics and the legal system of house-site in the historical evolution and legislation. Secondly, from two aspects of theory and reality in legal system of house-site in the countryside house inherits the influence caused by analyzing, thus pointing out the usufruct transfer of strict laws to limit is not inherited by heir to the exchange value of rural houses.The second chapter of rural houses with business status register for the impact the inherited housing. This chapter on rural houses with the business registration law content and involves a building to register with the reality of sale on theoretical and practical aspects of a building to register, to implement the provisions, the rural collective member of building business is the basic condition of invalid. Is unable to be inherited housing according to sanction to maximize the value of their homes, exchange of housing vacancy in rural areas.The third chapter of different inheritance in rural house inherits the main problem. This chapter for loss of rural collective organizations shall inherit the identity of the members of the rural house, from rural collective organizations shall inherit the countryside house, The house has rural collective economic organizations in rural house inherited members, Rural collective organizations of different between members of rural tenement inherited, And women in rural house inherits and heir testamentary succession, a legatee, bequest raising people in rural house problems were discussed. Different subjects and identity inheritance in rural house female heir to a problem, object inherit in succession is about sex and heir to the status of rural tenement homestead identity restrictive provisions appear, on the other hand is a conflict of women in rural house inherits the illegal infringed disinherited heir houses with equal protection female heir to the succession of conflict between the inheritance of houses.The fourth chapter of rural problems to solve inherited housing. In this chapter in rural house inherits the problems appeared in the process of combining theory, the usufruct transfer of different processing solution clarifies views. Based on the theory of limit of different status transfer of rural tenement shall inherit the problems involved in building registration registration has expressly houses counterpoising truly way, To protect the collective among the members of the free circulation of rural collective inherited, between the houses are based on the rational circulation step, FeiJiTi members should inherit house lease or legal system of compulsory repurchase method to ensure the inherited according to solve housing transfer. Female heir of rural house infringed inheritance of legal knowledge, improve the universal inherited legal consciousness of peasant, The development of rural education, to provide legal consciousness of peasants modern cultural foundation, Efforts to raise awareness of right of inheritance of infringement, abandon traditional inheritance ideas and methods of the solution.
Keywords/Search Tags:Homestead, Rural houses, Inheritance, Female heir
PDF Full Text Request
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