Stady On Freedom And Restriction Of Testament

What is freedom? Freedom is considered as that people can do what he wants in legal limits. The rule autonomy of the will is the reflection of freedom in private law. Freedom of testament is the reflection of the rule autonomy of the will as the freedom of contract. And freedom of testament is considered as comprehensively protecting the individual property. Freedom of testament is that people can freely deal with his individual property by testament after he dies.After 19~th century , with the development of social economy and politics, social standard replace individual standard and the rule autonomy of the will is restricted. For this reason, the freedom of testament must be limited. But there were two cases that prove the inheritance law in China " indulge" the testament .So we must handle many problems: what manner the inheritance law of China adopt and how to keep the balance of freedom and restriction of testament.This article consist four parts. The first part, by analyzing the law rule and historical origin of freedom of testament ,points out the essence of testament; the second ,expounds the necessity of restriction to freedom of testament; the third ,analyses the flaws of the inheritance law in China; the forth ,advocates drawing into the legal portion and points out specific imagination about perfecting the freedom of testament system.