转继承与夫妻财产制

Re-succession and Matrimonial Poverty Regime

作为经常发生的现象,转继承问题的解决在理论和司法实践中具有重要意义。但我国《继承法》并未对转继承问题做出规定,因此,转继承问题在法学理论界引起了争议。明确遗产的法律地位,分析转继承的适用范围,并结合我国的夫妻财产制的规定,才能正确的处理转继承问题。

As a common fact, re-succession is much important and significant in the theory and practice. But there is no regulation concerning re-succession in Succession Law, which has caused disputes in the boundary of the law academic theories. To execute correctly the re-succession, we should understand the nature of the estate and analyze the scope of application of re-succession on the base of matrimonial regime in our country.