Research On Inheritance Right System Of Widowed Daughter-in Law

According to article 12 of original Chinese Inheritance Law,"widowed daughters-in-law and widowed sons-in-law who have met the main maintenance obligation to their parents-in-law shall be regarded as heirs in the first order." This provision endows widowed daughters-in-law with the legal right to inherit in the first order conditionally,and the condition is that they have met the main maintenance duty to the in-laws.Article 1129 of the Civil Code Succession continues this position.In judicial practice,the judges always take "providing the main economic source for the decedent’s life,or assisting the decedent in labor services" as the specific judgment standard.However,the legal provisions are too abstract,and judges have different understandings of them,and hold different judicial positions in individual cases,which results in different judgments of similar cases.Therefore,the study of inheritance right system of widowed daughters-in-law has not only theoretical significance,but also practical value.Firstly,the paper has introduced the research background and significance,the research status of inheritance rights of widowed daughters-in-law at home and abroad,research methods and innovations.Secondly,it has defined the inheritance right of widowed daughters-in-law,and analyzes the value concept of inheritance right of widowed daughters-in-law,the legal basis and the identification standard of inheritance right of widowed daughters-in-law.Thirdly,the paper has combined and analyzed the status quo of the inheritance right system of widowed daughters-in-law in China from legislative and judicial perspectives.Finally,from the legislative and judicial perspectives,the paper has dissected the existing problems in the widowed daughter-in-law inheritance system in similar cases: first,in legislation,there is the lack of specific definition of the relationship between common life and the main support obligations,and the failure to include spiritual consolation as a measure of primary support obligations.Second,judicially,the determination of the main support obligation of widowed daughter-in-law is too strict.The identification of main maintenance obligation is too rigid in the case of joint maintenance.On this basis,targeted solutions are proposed to improve the relevant legislation: increase the identification of the relationship between living together and fulfilling the main maintenance obligation,and bind "living together" and "fulfilling the main maintenance obligation" as the conditions for widowed daughters-in-law to obtain the right of inheritance.Take spiritual consolation as the measure of primary support duty.Unified standards of judicial judgment: the criteria of determining the main support obligation of widowed daughters-in-law should be less strict,so that when the widowed daughters-in-law have met the conditions of "living together" or "fulfilling the main support obligation",the determination of the main support obligation will no longer be affected by the filial piety of other children.The widowed daughters-in-law should not be restricted by joint support,and "long-term" and "regular" should be considered as "main" factors.The suggestions above are put forward in order to encourage widowed daughters-in-law to take the initiative to support the in-laws and to inherit the traditional virtues of respecting and supporting the elder.