The Theory Of Inheritance Protected By The Tort Law

It’s said that inheritance includes two stages:that is, the inheritance prior to the start of inheritance, namely, the inheritance expectant right, and the inheritance after the start of inheritance, namely, the inheritance vested rights. Although the inheritance expectant right is branded with "expectant right", from the perspective of expectant right theory, it cannot be determined as expectant right, but an expectant benefit. The relationship of inheritance vested right and ownership of heritage has always been the focus of theoretical debate. However, inheritance vested right and ownership of heritage is of two separate properties and of entirely different contents. On the death of the decedent, inheritance vested right and ownership of heritage is within its heir before the heritage segmentation.In the current law, to protect the inheritance, it seems that there exists a variety of choices for relief mechanism, namely, requesting right of recovering inheritance, property claims and tort claims. But not all of these three remedy mechanism can relieve the inheritance. Whether as the very interpretation of inheritance or as an independent civil right, the inheritance expectant benefit should be generalized into the protection object within Tort Law, and it can only be protected and apply to the Tort Law. The inheritance vested right is the main right for relief of the requesting right of recovering inheritance, while property claims can only be applied to ownership of heritage relief. So when the inheritance vested right is encroached upon, the heir can choose requesting right of recovering inheritance or tort claims according to the specific situation. Requesting right of recovering inheritance and tort claims belong to claims concurrence. The litigant can choose the most satisfied one to apply to.Violation of inheritance includes expectant benefit violation and ownership of heritage violation. There are mainly two kinds of violation upon inheritance expectant right, that is, improper interference of legacy and void legacy. But whether the violation of expectant benefit or the inheritance vested rights, it shall satisfy the components of the tort liability, namely, illegal behavior, damage consequence, a causal relationship between illegal behavior and damage consequence and subjective fault.Violations of the inheritance have their particularity. The methods of bearing its responsibility are different from general infringement. For theperson who violates the inheritance expectant right, the main way to take responsibility is compensation for damages. For the person who violates the inheritance vested right, the way to take responsibility is one or more of the eight kinds of means listed in the Tort Law.