Reply To Study Inheritance Claims System

The inherited legal relationship contained in many kinds of legal system, including inheritance reply right system is included in the claim, is a long history of law system, inherited reply claim system first appeared in Rome, and send to Italy, the Italy comments sent after carefully explain the research of law, in the middle ages, accepted by Germany and German civil code. Reply due to inherit the protection of the right of inheritance claim has been widely recognized, so development to modern times, more and more countries are in the system, in the legislative process, the rules, written or unwritten code of countries in the world. So far, foreign scholars on the study of inheritance for reply, the rich content, number of big, the precision of research, are all Chinese scholars should study example. On April 19, 1985, our country "inheritance law" as an effective law arises at the historic moment, to adapt to the legal requirements at that time, because at that time our country just adopted a policy of reform and opening up, economic foundation has affected the legislative situation, combined with the legislation in our country in the past 30 years has not to our country current "inheritance law" for any modification, so lead to our country "inheritance law" included in the current inheritance law is too brief, the content is too rough, definition is too fuzzy, even no reply "inheritance request" the trademark words. From the point of today, it is not just a system lack so simple things, but the legal heir’s legitimate rights and interests are violated not protected the big questions, should have to get the attention of the scholars and lawmakers height. Current Chinese scholars on the research of this system in all aspects have different opinions, so in this article, the author aimed at the current legislative situation in our country, and combined with the length of each, absorbing excellent legislation pattern, in two law systems of our country paper summarizes inherited reply claim system in order to improve the legal system of our country.In this paper, in addition to the conclusion of the last chapter, the text mainly divides into four parts, the first part is the inheritance for reply system’s basic theory, mainly reply on inheritance system of right of claim in general has an overview, including definition of the concept, the characteristics of expression, the nature of the definition, as well as to the construction of its elements are all carried on the system theory, and clarifies the author’s personal opinion. Contrapose to the second part mainly inherit return claim system of investigation and reference, thus from national legislation in two law systems is applied to the valuable comments and Suggestions "inheritance law" changes in our country. The third part mainly elaborated our country current "inheritance law" in reply about inheritance claim system defects and the obvious problems existing in various aspects regulations. Fourth part is mainly on the above-mentioned shortcomings, the author puts forward his own perfect solutions and legislative Suggestions.