| Summary: | 碩士 === 輔仁大學 === 法律學系 === 104 === In our inheritance law in 1985 for the first time, the regulation system of bequeath bring up, deal with system of bequeath bring up, deal is relatively with Chinese characteristics in the inheritance law in our country estate transfer way, with the acceleration of population aging process in our country, social and family miniaturization, gradually lead to some loss of ability to care for the old man and no one to take care of the sick, because of family planning system in the 1980s and now more and more families will face 421 structure mode, modern society underlines how lost alone old man abetted problem, etc. Make people more and more aware of the importance of the system of bequeath bring up.
Besides preface and conclusion, this paper mainly includes four parts: the first part is to illustrate that bequeath bring up, deal with relevant cases and analysis of cases of bequeath bring up, deal related problems; The second part mainly introduces the basic theory of bequeath bring up, deal with the validity of the agreement are emphatically analyzed, and compared with the related concepts to draw the uniqueness of bequeath bring up, deal with again compared with foreign similar inherit the contract system, to its dregs, its essence; The third part is from our country law present situation, the research about the legislative background of bequeath bring up, deal with of our country combined with the concrete practice, in the case analysis in the existing legislation; The fourth part is the combination of the front three parts theoretical basis, practical, excellent foreign legislation , and in detail from the perspective of legislation for the perfection of bequeath bring up, deal in China.
This article focus on research to the current system legislation perfection of bequeath bring up, deal with by a judicial case cut into the analysis at present, the existing problems of bequeath bring up, deal with agreement of bequeath bring up, deal on legislation regulation is not prefect, there is about the scope of the spouse, agreement from content, after the agreement the parties rights and remove remedies such as the lack of regulation. Followed by the analysis of basis theory, combined with the comparative study of inheritance contract abroad, the research of our country on the legislative background of bequeath bring up, deal with the current situation of legislation in China, in detail elaborated our country legislation Suggestions of bequeath bring up, deal. Concrete is proposed to include the statutory successors in the scope of the spouse, clear written form should be taken to bequeath bring up, deal with and give protection to the spouse discomposure derangement the spouse rights.
Has a growing number of bequeath bring up, deal exists in social pension problem, only to improve from the legislation, to perform its to lighten the burden on society, solve the old time, even the old sick plays a vital role.
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