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我国现行继承法对继承阶段划分模糊,继承开始至遗产分割时段被笼统而视,尤其是继承开始至继承人拒绝遗产(继承人身份明确)这一阶段被完全忽略,导致无法对继承人在该阶段行为定性,从而引发一系列问题。德国继承法不仅划分出上述阶段,赋予后来拒绝遗产的继承人在该阶段“临时继承人”的法律地位,且系统规制了其与最终继承人的内部法律关系及其与遗产债权人、遗产债务人、处分相对人、合同缔约方等当事人的外部法律关系。探究“临时继承人”制度的形成机制与运作机理,剖析德国继承法规制“临时继承人”与各方当事人关系的策略、技术,对我国继承法有重要借鉴价值。
In our country, the current succession law divides the succession stage into two categories. From the beginning of inheritance to the period of inheritance, the period from inheritance to the inheritance is completely neglected, especially from the beginning of inheritance to the succession of heir , Causing a series of problems. The German law of succession not only demarcated the above stages, but granted the heirs later to reject the inheritance “legal succession” at that stage and systematically regulated its internal legal relationship with the ultimate successor and its relationship with the estate creditors, estate debtors, disciplinary measures The relative legal person, contracting party and other parties’ external legal relationship. Explore the formation mechanism and operation mechanism of the system of “temporary successor” and analyze the tactics and technologies of the German inheritance laws and regulations "the relationship between the temporary heir and the parties, which has an important reference value to our country’s inheritance law.