放弃继承法律制度研究婚姻法专业论文.docx

第四部分放弃继承中特殊利害关系人的保护。在主要对放弃继承与债权人合 法权益以及配偶合法权益的保护这两个方面进行深入论述的基础上，笔者得出以 下结论：第一，继承人放弃继承，其债权人不得撤销。若继承人恶意放弃继承， 损害债权人利益的，债权人可以向人民法院申请此行为无效，但继承人提供相应 的担保的除外；第二，继承人放弃继承的意思表示，不须征得其配偶同意。 第五部分我国放弃继承法律制度的立法现状及其制度建议。笔者在对我国现 行放弃继承法律制度的规定进行介绍及评析后，从立法体例安排与具体规范选择 两个方面提出完善我国放弃继承法律制度的建议。 关键词：法律效力；放弃继承；制度构建 Abstract waiver inheritance has very important significance for the realization of the inheritance right and the transference of the Heritage rights in the inheritance legal system. there are detailed, complete regulations of waiver inheritance in the inheritance legal of Western countries. But It has been insufficient of the cognizance of the value of the waiver inheritance in our countrys current inheritance law, which only has nine scattered provisions of the waiver inheritance. And those prescriptions are less and indeterminate, some important related aspects has not yet been provided, which leaves much legislation blank. Because of the lack of operability, disputes caused by waiver inheritance is not rare in the judicature practice. As the inheritance Law is to amend , Based on the views of the scholars about the waiver inheritance Legal system modification debation, this paper analyzes the defects of the system, puts forward Improving Suggestions, in the hope of offering reference for the modification of our Inheritance Law. This paper, which is more than 30000 words, can be divided into the introduction and main body. The introduction gives a brief introduction to the social background of the modification of our Inheritance Law and expounds the necessity and significance of the research in the field. The main body part is divided into five chapters to discuss. The first part about the overview on the law of the waiver inheritance. First, the legal concept of the waiver inheritance will be defined, then the character of the waiver inheritance will be analyzed, in addintion, the historical evolution of the law of the waiver inheritance will be cast back, and the object of the wa