The bequest that does not have heir receives homecoming to have have its rationality, but the use that has bequest to controlling return to one's country also ought to try to restrict however, reflect a state thereby not with civilian the train of thought that disputes benefit, achieve the let all things serve their proper purpose of bequest.
Civil | Li Hao
Recently, a law case of court of district of Dalian city sanded bayou caused wide attention. After Xu of old person of orphans and widows occupies fierce to died 2016, stay have 180 thousand multivariate bequest, but did not leave a will however, also be without the heir at law beside, after the court accepts derelict belongings to maintain application, go up in newspaper according to legal process announcement is full after a year still unmanned claim, adjudicate this bequest receives homecoming to have then.
In this case, the belongings that heir does not have after Xu occupies fierce old person to die receives basis of homecoming some law is " inheritance act " the 32nd, maintaining the order with this derelict bequest is a basis " code of civil law " the 192nd. Although the processing of this case has a law to be able to be depended on as a result, but the rationality on these legal basises and program operation still posed many doubt.
The focus of doubt is " announce the finding of lost property " whether does the program close really compasses. In this case, when whether the legacy that takes connecting with the boxing skill in Xu of judgement old person is unmanned and successive bequest, community adopted the measure that contacts seat of its ancestral home to have an inquiry, local court is after hearing a case on newspaper those who had by a definite date one year is fair show. According to legal provision, the court needs to have claim on newspaper only fair show can, do not have the responsibility that has affirming according to relevant clew.
But develop so in communication agency today, publish belongings claim on newspaper merely fair show the common signal that has in form only justice, make the transmission of ground of message big range of claim belongings goes out hard actually.
What go up as a result of the program is not perfect, unavoidable occurrence heir at law cannot learn belongings claim declared likelihood, and let the people feel cursory with inequity. Accordingly, relevant section still needs to perfect the claim that does not have heir bequest further program and fair show a measure, in order to make sure the fairness on the result is just.
Of course, the bequest homecoming home that heir does not have after dying is all, not only our country is such, relevant law exemple of abroad is not scarce also. If German civil code sets, when nonexistent heir at law, by perhaps be obtained federally by the city that ground of last dwelling place is in heir bequest. Outside the bequest that heir does not have after be being divided dead, the lost property of involuntary discharge of urine that our country returns will unmanned claim also sets for the country all, consequently this one problem is in " matter right law " very big controversy was aroused in legislative process.
But exist however between these two problems very big different, to losing content character, if acquire its property by the country, unavoidable existence country and civilian dispute benefit disrelish, also cannot implement the initiative that encourages people collect hangover to remand.
Contrary, to unmanned and successive bequest, the good society fashion that nonexistent need encourages not pocket the money one picks up in that way because of,move, the obligee that there are country or collective the most comfortable collaboration to be derelict belongings only after be being died by heir ends the state with derelict belongings, the debt before be being undertaken to this bequest by country or collective liquidation is given birth to by heir with pay off. After like the Xu Zhanwu in this case the old person dies, if do not obtain this bequest by the country, so this belongings is sure to be in jural be in derelict condition from beginning to end, cannot achieve let all things serve their proper purpose adequately.
If admit to be occupied first,obtain, unavoidable cause everybody to contend for grab the confused situation that obtains bequest, also lack natural waif to take taking proper sex first. Accordingly, ought not to with with civilian the belongings homecoming home that contends for benefit not to have heir in the negative for reason all rationality.
But although do not have the bequest of heir to receive homecoming to have,have its rationality, the use that has bequest to controlling return to one's country also ought to try to restrict however, reflect a state thereby not with civilian the train of thought that disputes benefit, achieve the let all things serve their proper purpose of bequest. Relatively sound processing plan is the public welfare that will receive homecoming to unmanned and successive bequest is used at whole society and charities, regard a director as the branch by civil administration branch and to whole society fair show its to use a situation.
Very regretful is, our country is active " inheritance act " did not use at why be being planted to receiving homecoming some inheritance career make specific provision. Accordingly, relevant code still needs to be perfected further with be opposite this one problem publishs more detailed regulation.
□ Li Hao (associate professor of courtyard of law of Beijing aerospace university)
