Liu Jun. A Thorough Analysis of Infringement of the Succession[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2013, 26(3): 49-57.
Citation:
Liu Jun. A Thorough Analysis of Infringement of the Succession[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2013, 26(3): 49-57.
Liu Jun. A Thorough Analysis of Infringement of the Succession[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2013, 26(3): 49-57.
Citation:
Liu Jun. A Thorough Analysis of Infringement of the Succession[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2013, 26(3): 49-57.
Succession only refers to the acquired right of succession by which the successor can receive the heritage according to law or the will. Expectant right to succession is only an expectation but not an expectant right. Infringement of the succession is a situation in which the succession of the real inheritance was denied and the successor was deprived of the right to possess, control and dispose, by the person who has acquired something from the inheritance on the basis of a right of succession that he does not really have. Infringement of the succession is different from the infringement of heritage in the ways of remedies, prescriptions and conditions and so on. Infringement of the succession can be relieved by the succession restoration right, a special concept in the law of succession. The real successor can require the person to return the object he has acquired from the inheritance in one time, without the burden of proving that the ancestor has the original right to the property, but only under the burden of proving the fact that the ancestor was occupying the property directly or indirectly when the succession started.