论继承契约制度在我国继承法中的构建

目前我国《继承法》对于被继承人身前财产如何分配规定了遗嘱、遗赠、遗赠扶养协议等制度,但却没有规定继承契约制度.于是在司法实践中出现了被继承人虽然可以通过遗赠扶养协议等现行制度实现自己身前财产死后的分配,但是却不能完全实现被继承人真实的身前愿望,这与继承法所追求的遗嘱自由的立法目的相违背,导致现行的相关制度已不能满足日益发展的现实需求,本文拟从继承法修改的角度探讨我国制定和引进继承契约制度的必要性,并结合我国的实际情况提出相关的立法建议.

Construction of Inheritance Contract System in Inheritance Laws in Our Country

The current inheritance laws have specified will, bequest and the legacy-support agreement for the distribution of the decedent＇ s legacy, but inheritance contract system is not stipulated. Although the decedent＇ s estate can be distributed based on the present systems like the legacy-support, his wish can＇ t be realized, which is against the legislative intent of free will pursued by the inheritance laws. So the current systems are not able to meet the growing need of reality. This paper discusses the necessity of making or introducing the inheritance contract system from the angle of modification, and raises some legislative proposals based on the situation in our country.