An Analysis Of South Korea’s Legacy System And Its Reference To Our Country

Legacy is the important content of testamentary succession system, which is according to his own will when living, by making a partial or total to give their property to the other than the statutory successors natural person and legal person, which is the property transfer effect of the system in the aftermath of the death. The will of the parties can most reflect the free will of the parties, therefore, in addition to the legal certain restrictive provisions of special regulations, anyone outside the testament can’t interfere, and we should respect the parties own dispose of his property. Legal norms about the legacy system are mainly embodied in the regulation of 1985 "inheritance law". Because of this law is so ancient, and there are no full consideration of the development of the family property inheritance disputes and more and more inheritance dispute situation, so the regulation can not meet the current need to inherit the settlement of the dispute. So far, in terms of legacy, some of Anglo-American law system and continental law system of foreign legal research and comparative study on both sides of the Taiwan straits have been made, but our study is a weakness in neighboring South Korean law. Therefore, the study of South Korea’s legacy system also has certain reference significance.The first part of the paper is the introduction, which mainly describes Chinese egacy system and the present research situation of South Korea legacy system, the current research purpose and significance of the legacy system, the research scope of legacy system and its research Investigate method.The second chapter of the paper is the overview of legacy system, which aims to achieve the goal of a better understanding of the system by natating the concept of legacy and the difference between the legacy and relevant concepts, and analysing the meaning of legacy system.The third chapter of the thesis is the introduction and analysis of legacy system. According to the classification of the bequest, the paper respectively describes the effectiveness of the bequest, special gifts and bequests burden, the rights and obligations of parties, bequest of recognition and abandon.Thesis in the fourth chapter, it is suggested to perfect the related regulations in our country by drawing on the experience of South Korea, in tearms of the legacy of the legal status of classification, the legatee, bequest obligatory rights and obligations, bequest of recognition and abandon, etc.,The fifth chapter is the conclusion. Generally summarize the main content of the paper and the main opinions.