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Comparative Study On Inheritance Law Of China Mainland And Taiwan Area

Posted on:2016-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:F WuFull Text:PDF
GTID:2296330464472055Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China mainland and Taiwan area belong to the same country, so there must be a lot of similarities between the two sides. But there are also differences between the two sides which are closely linked with the social factors on both sides, there is a big difference in one of the most important point is that the political factors, the relevant legal system also have their own characteristics, n succession institutional, cross-strait region are also similarities and differences coexist. Taiwan, China for the 1930 current inheritance laws inherited Republic of China Civil Code articles adopted by the National Government Legislative Yuan, the articles in the succession of traditional law based on the draw advanced experience of Germany and Japan and other civil law countries, its rules specific complete Stability is relatively strong. The mainland of China in 1985 was formally promulgated the law of succession, the contents are still many imperfections and places worth amendments.This paper intends to compare Strait Succession Law, identify their similarities and differences, and try to evaluate them in order to further explore the similarities and differences across the Taiwan Strait society in dealing with private property, the question of succession, but also for the mainland of China Law of Succession improve and develop future own modest contribution to the Civil Code.This paper is divided into the following three parts:The first part introduces the mainland of China and Taiwan of China Succession Law Succession Law and their characteristics analyzed the similarities and differences between the two points.The second part focuses on the cross-strait Succession Law applicable solution. On the one hand in the face of mainland Taiwan-related attitudes in inheritance disputes and solve elaborate manner on the other hand, to discuss research on China’s Taiwan Strait dispute involving inheritance on the case, and Taiwan, China’s real judicial decisions Case to be corroborated.The third part is China’s Taiwan region by drawing on some of the advantages and characteristics of the law of succession, the mainland of China by improving the law of succession advice.Inheritance law is very unique in Taiwan, China, including improving their inheritance lost, leaving the establishment of special parts of the system, to define inheritance complement and enhance the interests of creditors of the decedent’s protection and so on. These systems and rules for mainland China and the development of future inheritance laws to improve civil code is worth learning...
Keywords/Search Tags:China mainland and Taiwan area, Law of inheritance, Comparative
PDF Full Text Request
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