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Institutional Improvement and Judicial Application of the Civil Code — Succession Book

https://doi.org/10.17803/2587-9723.2022.5.037-045

Abstract

China’s Civil Code — Succession Book is codified on the basis of the Law of Succession, with both legislative improvement and institutional innovations. The legislative improvement is reflected in various systems such as intestate succession, testate succession and testamentary gift, disposition of estates; the institutional innovations are reflected in the systems of disinheritance, succession in subrogation, the form and validity of wills, and the administrator of the estate. In order to accurately understand and apply the Civil Code — Succession Book, safeguard people’s succession rights and interests, and promptly resolve succession disputes, the Supreme People’s Court promulgated the Interpretation (I) of the Succession Book, which is significant in refining the legal norms of succession, clarifying the application situations of the legal norms of succession, judging the validity of succession, and safeguarding the rights and interests of the parties concerned.

About the Author

Geya Wang
Law School of Heilongjiang University; China Law Society
China

Professor and Doctoral Supervisor; Vice President of the Marriage and Family Law Research Society; Expert of the Civil Code Codification Project Group 

Harbin 



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For citations:


Wang G. Institutional Improvement and Judicial Application of the Civil Code — Succession Book. Legal Science in China and Russia. 2022;(5):37-45. https://doi.org/10.17803/2587-9723.2022.5.037-045

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ISSN 2587-9723 (Print)