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《Journal of Liaoning Administrators College of Police and Justice》 2018-04
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Application of the limitation of lawsuit for the dispute of inheritance division in legal inheritance

Wang Chenguang;Shanghai University of International Business and Economics;  
Whether the limitation of law suit is applied to the dispute of inheritance division in legal inheritance is not clearly defined in the current law. To solve such problems,it involves the understanding and determination of Article 29 of the Property Law,Article 25 of the Law of Succession and related judicial interpretations. In this regard,the theoretical circles are inconsistent,and there are more cases of "different judgments for the same cases"in practice. According to the legal interpretation,the heirs in the legal inheritance enjoy a inheritance right rather than ow nership,and the heir should regard the inheritance as a state of possession. Therefore,the dispute of inheritance division should belong to the realization of inheritance rights,rather than the relationship of common heritage. Considering the connotation of the dispute of inheritance rights and the great changes in the current social situation,the limitation of law suit should be applied to the dispute of inheritance division in legal inheritance. This is both a legal idea and a practical need.
【CateGory Index】: D923.5
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