Hereditatis Petitio Et Actio Speciales──法制史觀點下的繼承回復請求權

Hereditatis Petitio Et Actio Speciales: The Right to Estate Reques from the Perspective of Legal History

繼承回復請求權是源自於羅馬法的古老制度。但由法制史觀察得知，近代繼承回復請求權制定之初就充滿爭議性，法學界不斷質疑該制度存在的必要性，因為真正繼承人本就可以主張民法上的一般請求權，請求返還遺產。而我國繼承回復請求權更是僅有短期時效，更引發和民法一般請求權間競合關係的爭議。

The right to inherit the request for reply is derived from the ancient system of Roman law. However, from the observation of the history of legal system, it was learned that the right to request for succession in modern times was very controversial at the beginning, and the legal community constantly questioned the necessity of the existence of the system, because the true heir could have claimed the general right of request in civil law and requested the return of the heritage. However, Taiwan’s succession to the right to respond to claims is only short-term, and it has also caused disputes over the relationship between the common claims in civil law and the competition.