On the Rules Concerning the Claimant for Discretionary Inheritance in Family Law of China——Taking the Strict Distinction Between the Statutory Inheritance System and the Discretionary Inheritance System as the Jurisprudential Basis
Within the framework of the family law of China,in order to reasonably distinguish between the statutory inheritance system and the rights of claim for discretionary inheritance system,according to the normative purpose of the rights of claim for discretionary inheritance,the claimant for discretionary inheritance should be determined as a"subject other than the statutory heirs".A statutory heir who has not actually inherited the estate is not a claimant for discretionary inheritance.However,if a statutory heir who has not actually inherited the estate meet the requirements of"being dependant on the support of the decedent"or"providing significant support to the decedent",such heir can still obtain"quasi-dependent's right of claim for discretionary inheritance"or"quasi-fosterer's right of claim for discretionary inheritance",and thus obtain appropriate interitance according to specific circumstances.In addition,regarding the situation where the clause on the rights of claim for discretionary inheritance is applicable by analogy to a statutory heir who has not actually inherited the estate,it is necessary to decide such heir's share of inheritance by discretion according to normative objectives of different types of rights of claim for discretionary inheritance and in combination of factors such as the statutory custodial relationship or kinship between the statutory heir who has not actually inherited the estate and the decedent.
Claimant for Discretionary InheritanceRights of Claim for Discretionary InheritanceStatutory InheritanceRight to A Discretionary Share of Inheritance
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