碩士 / 國立臺灣大學 / 國家發展研究所 / 100 / The revision of Taiwan’s Private International Law has been achieved in May 2010.Mainland China has also been adopted in October of the same year. These two pieces of legislation signify an important new milestone for the development of private international law of the two sides of the Taiwan Straits.
Legal relations of property inheritance system is a very important system for the protection of property rights ,although the premise of succession is based on the status relationship between the decedent and the heirs, the succession so called is the succession of property interests rather than status interests. Since Mainland China for practicing socialism, they regard inherit private property and the generations to maintain a legal system is the heir from the inheritance of the decedent under the hands of "real estate and capital". After the experience of the Cultural Revolution and the People''s Republic of implementing economic reform and opening up, the law of succession in 1985 to meet the contemporary''s economic reform.
In Taiwan, there are three forms for inheritors to choose to inherit from the others, which are “Unlimited Inheritance”, “Limited Inheritance”, and ”Abandon Inheritance”. For the reason of the tradition that of our country is “Father’s debt belong to the sons”, unlimited inheritance becomes the principle. In order to meet the society need, The Legislative Yuan led the introduction of pre-law inherited the legal limit, and then shift to a comprehensive system of limited inheritance. There still have a lot of problems to discuss with.
In addition ,there is a lot of difference between succession laws of the two sides of the strait. Some is the special scheme in China continent, Some is the gaps of the succession law in China continent, Others are difference in details. The research on such difference would benefit the amendment on succession law and the draft of Civil Code of China continent.
Under the framework of the two sides of the strait inheritance, I tried to analyzed the law on Taiwan and the Mainland China laws applied to the practical operation of the provisions of state and analyzed for comprehensive observation, and finally made a conclusion.
| Identifer | oai:union.ndltd.org:TW/100NTU05011015 |
| Date | January 2011 |
| Creators | Yi Chi Chen, 陳宜琦 |
| Contributors | 陳顯武 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 193 |
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