继承法处分行为初探

发布时间：2019-06-09 23:33

【摘要】：我国继承法死因处分在方式上仅有遗嘱处分一种,在内容上,就指定继承人而言无替补继承、后位继承机制,对剥夺继承权无法定继承人特留份之限制,对遗赠定义过于狭隘,被继承人缺乏类似于负担指示以更全面贯彻自己意志的处分辅助手段。这些都限制了死因处分形成的可能性和被继承人理性处分、自由处分的空间。德国继承法死因处分制度,从处分方式、处分内容上都全方位考虑了被继承人以遗产归属为核心的处分动机和个人意图,同时相应规制了处分受益人之间、处分义务人之间、他们相互间的责、权、义务关系,为被继承人理性定位处分目标,合理构建处分过程,充分发挥处分自由做了扎实铺垫。而德国继承法各项死因处分机制的运作,又都有机有序地和继承法其他章节、《德国民法典》其他各编内容环环相扣,呼应关联。这些都对我国继承法和死因处分制度很有镜鉴价值。
[Abstract]:There is only one kind of testamentary punishment in the way of the cause of death in the inheritance law of our country. In terms of content, there is no substitute succession in terms of the designated heir, the mechanism of subsequent succession, the restriction of depriving the inheritance right of no legal heir, and the definition of bequest is too narrow. Heirs lack disciplinary aids similar to burden instructions to more fully implement their will. These limit the possibility of death punishment and the space of rational punishment and free punishment by heirs. The system of punishment for the cause of death in German inheritance law takes into account the motive and individual intention of the heirs with the ownership of the estate as the core in terms of the mode of punishment and the content of the punishment, and at the same time restricts the punishment between the beneficiaries and the obligors. The relationship between their responsibilities, rights and obligations has laid a solid foundation for the rational positioning of the target of punishment, the reasonable construction of the process of punishment, and the full play of the freedom of punishment. The operation of the punishment mechanism of the cause of death in the German inheritance law is closely related to other chapters of the inheritance law and other parts of the German Civil Code. These are of great value to the inheritance law and cause of death punishment system in our country.
【作者单位】：中国政法大学;
【基金】：作者主持的国家社科基金“德国民法术语在中国的继受与发展研究(16BFX103)”项目阶段性成果
【分类号】：D923.5

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