Law Study On Limitation Of Freedom Of Testament

Testament is a unilateral civil act of the disposal of his or her own property by a natural person before his or her death, which will cause law effect after his or her death. The succession law in every country of the world unexceptionally admits that the citizen enjoys the freedom of testament, so the freedom of testament is an important principle in the succession law of every country. However, there is no freedom that is not relative and limited. The freedom of testament is not an exception. Since there was succession law, limiting the freedom of testament has become an indispensable content of the succession law in every country. The only difference lies in the limitation degree because of the difference of tradition, economy and law system in different countries.Chapter One elaborates on the related theories. According to the Succession Law in China, the testate must have the testament capacity when he or she makes the will; the testament must be true to what the testate thinks. These are the limitations of the freedom of testament, but they are not enough. Currently, the trend of succession legislation in the world shows that adding articles about limiting the freedom of testament is popular, for it can protect the interest of the close relatives of the dead and defend social ethics and moralityChapter Two discusses the relationship between the principle of customs and limitations of the freedom of testament. The great disputes aroused by the " Luzhou...