Research On The Problem Of The Transformation From Inheritance Right To Ownership

The right of succession,as an important civil right,has been increasingly valued with the socioeconomic development.The succession forms in the modern society are diversified,due to the increasing number of succession disputes,people also change their opinions on succession.The transformation issue of the right of succession to the ownership has been discussed in the academic circle when Law of Succession of the People's Republic of China was just promulgated,and three main opinions were shaped:the transient transformation theory,the transition theory and the compromise theory,and the first one was the mainstream.Due to the hysteresis quality of law,there exist some conflicts regarding the regulations on the transformation from the right of succession to the ownership in the present Law of Succession of the People's Republic of China,Marriage Law of the People's Republic of China,Real Right Law of the People s Republic of China and other laws,therefore,to some degree,the present Law of Succession of the People's Republic of China cannot satisfy the demands of today's society.The paper,starting from the practical cases,discusses about the issue of how to transform the right of succession to the ownership,which is beneficial to not only unifying the cognitive deviations in the issue,but also to promoting the amendment to Law of Succession of the People's Republic of China.Part ? introduces the basic theories of the right of succession and the ownership.Firstly,it clarifies the definitions of the right of succession and the ownership as well as the relevant concepts;secondly,it compares the right of succession with the ownership and clarifies the differences and connection between them,and emphatically stresses their differences and irreplaceability of their status and roles,etc.Part ? analyzes China's present several theories of and the author's opinions on the transformation from the right of succession to the ownership.By comparing the relevant regulations on the right of succession and the ownership in Law of Succession of the People's Republic of China,Marriage Law of the People's Republic of China,Real Right Law of the People s Republic of China and other laws,introduces the theoretical grounds and contents of the transient transformation theory,the transition theory and the compromise theory in a meticulous and deep-going way,and objectively analyzes their pros and cons.Lastly,it indicates that the author supports the transition theory and its grounds.Part ? raises the legislative suggestions for the transformation from the right of succession to the ownership.By referring to foreign legislative experience,it raises the suggestions for revising China's present Law of Succession of the People's Republic of China,hoping to perfect China's relevant laws.