Study On The Institution Of Subsequent Succession

Subsequent succession develops originally from the Roman law which has a very long history. Subsequent succession reflects the decedent’s freedom of testament which also needs to be limited. Admitting subsequent succession means showing respects to the decedent’s freedom of testament and his true will. The designated heir includes substitute heir and subsequent heir. Substitute heir first gets the heritage and then passes them to subsequent heir when the conditions or the deadline set by the decedent come true. Substitute heir is a usufructuarious while the subsequent heir is the real owner of the heritage. Subsequent succession has many positive functions and advantages which are very helpful to our legal system thus we should admit subsequent succession. This essay first details and analyses subsequent succession and then discusses why we should admit it. At last, this essay provides a way to admit subsequent succession.This essay includes four parts. The first part analyses the history and jurisprudential basis of the subsequent succession. It origins from the Roman law and then develops in Middle Ages when the old France admit it. Austria first admits subsequent succession and so do German and Swiss. The jurisprudential basis includes inheritance law,real right law and law interpretation theory.The second part discusses the legal effect before subsequent succession starts. Substitute heir and subsequent heir both need to be confirmed either through the decedent’s testament or by legal inference. Meanwhile their legal statuses also need to be confirmed.The third part discusses the legal consequence after subsequent succession starts. Subsequent succession starts when the conditions or the deadline set by the decedent come true. Subsequent heir has the right of claim to ask substitute heir deliver the heritage while substitute heir has the legal obligation to do this.The forth part expounds admitting subsequent succession. This part first proves the necessities of admitting subsequent succession. Then this part demonstrates the positive functions and the advantages through comparative it with other legacy systems. At last this part tells how to admit subsequent succession including system structure and law-making.