The Contract Of Succession System Research

The contract of succession system is originated in Germaniclaw,including obtaining and abandoning succession. At that moment,it was similar to legal inheritance that it is direct cause ofobtaining succession. But, this sistem breachs conventional theoryof testament and it has a tortuous development. Now, as a result ofdifferent inheritance habit, legislative background and orientationof legal value, there are three different legislations.“GermanCivil code”,“Swiss Civil Code”,“Hungary Civil code” approveof it,“French civil code”,“Japanese Civil Code”negate it andAnglo-American Legal system adopt compromise legislation.The current “inheritance law” neither provide the contract ofsuccession nor ban it in our contry. It is a legislation blank andmake a lot of disputes about the contract of succession can’t solveefficiently.The article researches the origination of the contract ofsuccession system, some difficult theoretic problem and differentlegislations by taking document study and comparative analysismethods, then argument the necessity and feasibility from juridical practice and legal theory perspectives. At last, author proposedspecific constructive ideas about building the contract ofsuccession system in our country, combined with domestic inheritancehabit and overseas advanced legislation experience.This article is divided into introduction, body and conclusionof three parts.The first part outlines the basic theoretical issues of thecontract of succession system. First, the legal concept of thecontract of succession and characteristics are described. Then, itis compared with correlative concepts for deepening theunderstanding of the contract of succession. At last, for the sakeof drawing bellow, historical development of the contract ofsuccession is expatiated.The second part is to study and analyse overseas legislation ofthe contract of succession. To draw inspiration from overseaslegislations, the part descripts the contract of successionsurrounding overseas three legislations and some countries’concrete legislation that approve of the contract of succession areanalyzed. The third part is to demonstrate that the contract of successionshould be the legal regulation is necessary and feasible. the papermainly researches domestic inheritance habit and physical truth, toprove its necessary and feasible to build the contract of successionsystem in our country.The fourth part is a design to be build the contract of successionsystem.This part mainly proposes how to build the contract ofsuccession system in our country on basis of overseas legislations,domestic actual demand and inheritance habit, in order to make uplegal gap, norm people’s behavior of sign the contract of successionand provide a powerful guarantee fertility.The conclusion is a summery of the relevant issues of the contractof succession system.