| Contract of succession first appeared in the Germanic law in Germany; the generalized contract of succession includes enduing and abandoning inheritance rights. With the development of society, contract of succession system changes a lot. From the angle of the legislation of the countries all over the world, there are two opposite attitude towards the contract of succession system; the one is positive legislative model, represented by Germany and Switzerland; the other is negative legislative model represented by France and Italy. In addition, the United Kingdom and the United States also has contract of succession system, but it is not strict contract of succession, so we call it a compromise legislative mode. In China, there are many scholars have made a detailed study on the contract of succession, and most of them have a positive attitude to the contract of succession, but there is a slight difference in the subject and the content of the contract of succession. The main argument of the subject is that whether it should include anyone else other than heir at law. For the contents, the main issue is that whether it should include the abandonment of the right of inheritance.Although there is no clear contract of succession system in our country’s law of succession, there is a very similar system namely legacy-support agreement system. Both of them deal with the matters of succession by way of agreements, and the two are direct basis of obtaining the right of inheritance or bequest. As we all know, the legacy-support agreement system was made in1980 s,when has its special background, but up to now, its defects become more and more exposed, and can not meet the needs of the development of modern society. Besides, in our folk customs there are the existence of the contract of succession. Meanwhile, in the judicial practice, the judgment of such cases is very different, which seriously damages the authority of the judiciary. Thus both in theoretical and in practical, it is necessary to system.This article thinks that, combining with the actual situation of our country, we should adopt positive legislative model, and the contract of succession should be stipulated in the inheritance law. The article is divided into four parts, namely: the basic theory of contract of succession system, the extraterritorial research on contract of succession system, the necessity of constructing contract of succession system, legislation design of the contract of succession system. The first part is to define the concept of contract of succession; its content includes analyzing the concept of contract of succession and its characteristics, the difference between the contract of succession and its neighboring system, system value. The second part introduces the contract of succession in continental law system and Anglo American law system. At the same time, the author carry out comparative analysis of them, and obtain several enlightenments to our country. The third part analyzes the necessity of constructing contract of succession system from two aspects of reality and theory. The fourth part deals with the designing of the contract of succession in our country. First, two problems are clarified. The one is that whether there is a conflict between the contract of succession system and legal support obligations. Another is that whether you can give up the right of inheritance before you start the succession. Then the article explains the legislative mode and legislative system of the contract of succession system in our country. At last, the article puts forward the idea of constructing contract of succession system in our country from the conclusion, effect,revocation, cancellation, and other relevant provisions. |
