限定继承的悖理与我国《继承法》的修正

源于古罗马法的限定继承制度其实是受将遗产范围视为被继承人的财产权利义务、遗产归属于继承人所有等制度相互影响的结果。然而,近世大陆法系的不同国家或地区在规定限定继承制度的同时,又以遗产为基础构建了遗产管理制度。但就遗产管理人所履行的职责而言,遗产管理人不仅要清理被继承人的财产权利义务,而且也要将清偿被继承人债务后的剩余财产分配给继承人。如此,遗产范围对遗产管理人、继承人就有所不同,即遗产管理人所面对的遗产范围应为被继承人的财产权利义务,继承人所面对的遗产范围为被继承人的财产权利;同时,遗产并不归属继承人所有或者遗产管理人所有,清偿完遗产债务后的剩余遗产才由继承人取得所有权。进而,遗产管理制度所逻辑演绎的遗产范围和遗产归属已经与限定继承的形成基础相悖,立法再予以规定限定继承制度也就欠缺合理。

Irrationality of the Limited Inheritance System and the Correction of China's Succession Law

Originated from the Roman Law,the limited inheritance system is mutually affected by such factors as the heritage scope which has been taken as the propterty rights and obligations of the deceased and the heritage possessed by the heir. However,in modern civil laws,when different countries and regions handled the prescribed limits of inheritance system,they constructed heritage management system on the basis of heritage as well. Bearing the estate management responsibilities,the legacy caretaker shall,first of all,know the property rights and obligations of the deceased,and then charge and pay off the debts of the deceased,and finally assign the left property of the deceased to the heir. Therefore,the inheritance scope is the proptery rights and obligations for the deceased and the property rights for the heir. Neither the heir nor the legacy caretaker owns the heritage which will be in the possessions of the former after all the debts of the deceased are paid off. Heritage which enjoys the independent position should be qualified as a subjective consortium. Since the heritage management system has virtually shaken the legislative foundation of the inheritance system,it is irrational for the legislation to retrict the limited inheritance law.