限定继承刍议

On Limited Succession

我国现行《继承法》未规定真正的限定继承制度,在修订时应考虑规定该制度。限定继承以遗产目录清册的制作为基础,体现了一种物的责任。是否需要制作遗产目录清册,区别了限定继承与无限继承,两种继承模式各有优劣。限定继承的继承人,在遗产分割前可主张物的责任,在遗产分割后可主张限定继承抗辩。

The mechanism of limited succession has not been duly introduced into Chinese successionlaw,and it should be adopted in the futural revision of the same law. The core of mechanism is the inventoryof heritage,which leads to a limited responsibility based on hereditas. Whether or not an inventory is drafteddecides the nature of succession is limited or unlimited. Both forms of succession have certain advantages. Theheir of limited succession can require limited responsibility based on hereditas before the heritage is distributed,he can also raise a defense after the heritage is distributed.