特殊财产继承问题研究
发布时间：2019-03-17 09:57
【摘要】：随着现代社会的快速发展,公民所拥有财产的类型越来越多,但继承法对于公民可继承的财产规定却没有随之增加。根据《继承法》第三条中对遗产的规定:“遗产是公民死亡时遗留的个人合法财产,包括:(一)公民的收入;(二)公民的房屋、储蓄和生活用品;(三)公民的林木、牲畜和家禽;(四)公民的文物、图书资料;(五)法律允许公民所有的生产资料;(六)公民的著作权、专利权中的财产权利;(七)公民的其他合法财产。”我国对于遗产的规定采用的是列举式的规定,虽然在第三条第七款中规定了“公民的其他合法财产”也属于遗产的范围,但因该条款规定的十分模糊,导致在司法实践中,对于某些《继承法》中没有明确规定的财产能否作为遗产产生了争议。因此,对于这些财产能否作为遗产的研究显得十分重要。文章主要从实践角度入手,通过司法实践中经典的案例引出所要研究的法律问题,进而深入分析该种争议财产是否应该作为死者遗产,最终通过研究得出结论并对案例进行回扣分析。本文除前言外,共有四章内容主要是针对数字财产、土地承包经营权、死亡赔偿金和股权四种常见的争议较大的财产是否能够作为遗产问题进行深入分析研究。其中文章首先针对数字财产能否作为遗产的研究。本部分主要分析和解决了数字财产是否属于遗产,以及数字财产作为遗产应该如何继承的问题。其次,通过对于民事经典案例的分析,借鉴了韩国、台湾等国家对于类似权利有关继承的相关规定后,解决了有关我国土地承包经营权是否能够继承,以及土地承包经营权在不同情形下的继承方式选择等问题。随后是对现阶段争议较大的死亡赔偿金能否继承的分析研究。本部分通过对于死亡赔偿金的性质的界定,深入分析了死亡赔偿金是否应该作为遗产继承的问题,以及对于死亡赔偿金作为遗产继承时应该注意的问题进行了分析和解决。最后,文章主要是对有限责任公司股权能否作为遗产继承的研究。股权作为现在经济生活中必不可少的部分,也越来越多的走进公民的生活。对于股权能否继承问题,该章节从实际的案例出发,引出问题,针对股权能否继承以及继承的程序等问题进行了仔细的研究和分析。
[Abstract]:With the rapid development of modern society, there are more and more types of property owned by citizens, but the provisions of inheritance law for citizens' inheritable property do not increase accordingly. According to the provisions of article 3 of the Law on inheritance, "the estate is the legal property of the individual left upon the death of a citizen, including: (I) the income of the citizen; (II) the house, savings and household supplies of the citizen;" (3) trees, livestock and poultry of citizens; (4) cultural relics, books and materials of citizens; (5) means of production owned by citizens by law; (6) citizens' copyright and property rights in patent rights; (7) other lawful property of a citizen. " The provisions of our country on heritage are enumerated. Although article 3, paragraph 7, provides that "other lawful property of citizens" also falls within the scope of heritage, it is very vague because of this provision, which leads to judicial practice. There is a dispute as to whether some property which is not specified in the inheritance Law can be regarded as an inheritance. Therefore, it is very important to study whether these properties can be regarded as heritage. The article mainly from the practice angle, through the judicial practice classic case leads to the legal issues to be studied, and then in-depth analysis of whether this kind of disputed property should be regarded as the estate of the deceased. Finally through the study to draw a conclusion and the case of kickback analysis. In addition to the preface, four chapters mainly focus on the digital property, the land contract management right, the death compensation and the ownership of the four common controversial property can be considered as heritage issues for in-depth analysis. First of all, the article focuses on the study of whether digital property can be regarded as heritage. This part mainly analyzes and solves the problem of whether digital property belongs to heritage and how digital property should be inherited as a legacy. Secondly, through the analysis of the civil classic cases, after drawing lessons from the relevant provisions of the Republic of Korea, Taiwan and other countries on the succession of similar rights, it has resolved whether the contracted management rights of land in China can inherit or not. And the choice of inheritance mode of land contractual management right under different circumstances and so on. Then there is an analysis and research on the inheritance of the death compensation which is controversial at this stage. Through the definition of the nature of death compensation, this part deeply analyzes the question of whether death compensation should be regarded as inheritance, and analyzes and solves the problems that should be paid attention to when death compensation is regarded as inheritance. Finally, the article is mainly to the limited liability company equity as a inheritance of the study. As an indispensable part of the current economic life, equity is also more and more into the life of citizens. This chapter starts from the actual case and leads to the problem of whether the stock right can inherit and the procedure of the inheritance is carefully studied and analyzed in this chapter.
【学位授予单位】：沈阳师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.5
[Abstract]:With the rapid development of modern society, there are more and more types of property owned by citizens, but the provisions of inheritance law for citizens' inheritable property do not increase accordingly. According to the provisions of article 3 of the Law on inheritance, "the estate is the legal property of the individual left upon the death of a citizen, including: (I) the income of the citizen; (II) the house, savings and household supplies of the citizen;" (3) trees, livestock and poultry of citizens; (4) cultural relics, books and materials of citizens; (5) means of production owned by citizens by law; (6) citizens' copyright and property rights in patent rights; (7) other lawful property of a citizen. " The provisions of our country on heritage are enumerated. Although article 3, paragraph 7, provides that "other lawful property of citizens" also falls within the scope of heritage, it is very vague because of this provision, which leads to judicial practice. There is a dispute as to whether some property which is not specified in the inheritance Law can be regarded as an inheritance. Therefore, it is very important to study whether these properties can be regarded as heritage. The article mainly from the practice angle, through the judicial practice classic case leads to the legal issues to be studied, and then in-depth analysis of whether this kind of disputed property should be regarded as the estate of the deceased. Finally through the study to draw a conclusion and the case of kickback analysis. In addition to the preface, four chapters mainly focus on the digital property, the land contract management right, the death compensation and the ownership of the four common controversial property can be considered as heritage issues for in-depth analysis. First of all, the article focuses on the study of whether digital property can be regarded as heritage. This part mainly analyzes and solves the problem of whether digital property belongs to heritage and how digital property should be inherited as a legacy. Secondly, through the analysis of the civil classic cases, after drawing lessons from the relevant provisions of the Republic of Korea, Taiwan and other countries on the succession of similar rights, it has resolved whether the contracted management rights of land in China can inherit or not. And the choice of inheritance mode of land contractual management right under different circumstances and so on. Then there is an analysis and research on the inheritance of the death compensation which is controversial at this stage. Through the definition of the nature of death compensation, this part deeply analyzes the question of whether death compensation should be regarded as inheritance, and analyzes and solves the problems that should be paid attention to when death compensation is regarded as inheritance. Finally, the article is mainly to the limited liability company equity as a inheritance of the study. As an indispensable part of the current economic life, equity is also more and more into the life of citizens. This chapter starts from the actual case and leads to the problem of whether the stock right can inherit and the procedure of the inheritance is carefully studied and analyzed in this chapter.
【学位授予单位】：沈阳师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.5
【相似文献】
相关期刊论文 前10条
1 ;法律常识[J];农村.农业.农民(B版);2010年04期
2 檀林飞;;遗产酌分请求权制度若干问题探讨[J];湖北警官学院学报;2012年02期
3 长水;“照顾”与“继承”不能混为一谈[J];法学;1983年06期
4 ;房屋继承[J];农家之友;1996年03期
5 檀钊;;遗产归扣制度不宜本土化[J];长江大学学报(社会科学版);2013年11期
6 王冬梅;;论我国继承法对被继承人债务的处理规定存在的不足[J];科技信息;2006年S2期
7 罗佩华;;遗产的处理[J];北京宣武红旗业余大学学报;2006年04期
8 徐文文;;被继承人债务清偿纠纷审判实务若干问题探讨——兼论遗产债务清偿制度的完善[J];东方法学;2013年04期
9 任景龙;对遗产继承中被继承人债务清偿的看法[J];河北法学;1985年04期
10 李仁玉;;遗产浅析[J];法学杂志;1985年01期
相关会议论文 前4条
1 倪晓晶;;浅析遗产债权清偿责任若干问题[A];当代法学论坛（2008年第4辑）[C];2008年
2 蒋超;倪s，
本文编号：2442178
本文链接：https://www.wllwen.com/falvlunwen/minfalunwen/2442178.html
