The Legal Effect Of Real Right Alternation Caused By Bequest

The 29 th article of the Real Right Law prescribes the legal effect of real right alternation caused by inheritance and bequest.This legal provision consistent with Inheritance law in how to pay off the inherited debts.A heated discussion has happened among scholars,focusing on whether bequest can change the property rights directly.This article examined the advantages and disadvantages of bequests with credit effect and bequests with real right effect,aiming at choosing the right legislative mode of bequeath.It requires that related legal rules conform with bequest’s legal nature and legislation pattern,and the real right change pattern of our country.The protection of the estate creditors’ interests in the law of succession should also be considered.This paper is divided into the following three parts:The first part is a general overview of the dispute and divergent idea on bequest’s legal effect,introducing three kinds of theories.Firstly,it lists two legislative samples:bequests with credit effect and bequests with real right effect.Secondly,it introduces three theories: real right doctrine,creditors right doctrine and independent claim doctrine.Thirdly,it discusses the legal effect of real right alternation caused by bequest.It compares bequeath with testamentary succession and gift contract,declaring the uniqueness of bequeath.It especially describes the meaning of gift inprospect of death and legacy-support agreement.The second part mainly discusses the legal effect of real right alternation caused by bequest from the point of legislation pattern in bequeath and the real right change pattern.It investigates the concerning practice to define bequest’s meaning,involving the mode of distinguishing bequeath and testamentary succession and the mode of not distinguishing bequeath and testamentary succession.Then this part concretely analyzes our country’s bequeath,especially in the standard and the ways to distinguish between bequeath and testamentary succession,combing with China’s reality.This shows the contradiction in using bequest to pay off the inherited debts and how to define the legal effect of real right alternation caused by bequest.It firstly introduces two kinds of modes of property transference: autonomy of the will real right and formalism.It makes a choice on the legal effect of real right alternation caused by bequest through investigating the concerning practice.The third part system discusses the deficiency of bequeath and improvement suggestions.The deficiency part centred on the 29 th article of the Real Right Law,stating from the point of substance preference,the influence to the estate creditors’ interests and devisee’s legal obligation.When it comes to advice’s part,this chapter lists three feasible solutions,focusing on explaining the meaning of “the time of acceptance of legacy”.