继承权放弃相关问题之探析

Discussion about the Questions Related to Waiver of Succession

实践中绝大多数的继承纠纷源于继承人对遗产的争夺,但是放弃继承在实践中亦不鲜见,是继承法律制度研究的一项重要内容。我国关于继承权放弃的立法较为抽象和原则,实务中缺乏可操作性,有必要对继承权放弃的相关理论与实务问题进行阐述和探讨。

In jndicial practice, almost all the inheritance disputes come from the successors＇Competition for the heritage. Yet, there arc also many estate disputes take place because of the abandon of the right of inheritance, which involves the realization of succession rights and the transference of estate property. However, the prescription on the waiver of succession system in our Chinese Succession Act is too theoretical and lack of some important aspects, which leaves much legislation blank and can not meet the needs of judicial practice.