Research On The Legislation Completion Of Succession Testament

This dissertation is a research on the legislation completion of succession testament. It makes a scrutiny into the following issues by methods as historical research and comparative analysis: the types of wills, the limitation to the testamentary freedom. And on the basic of this analysis, put forward the defects of these issues. According to the Comparison between two legal systems, author presents some suggestions on the legislation completion of our succession testament system. This paper consists of text with four chapters, introduction and conclusion, about 45,000 words.In this paper the structure of a total approach to the text is divided into four parts.Chapter 1 mainly discusses The jurisprudential analysis of succession testament. This part firstly puts forward the definition and legal characteristics of the will,and then demonstration the history of the succession testament, take a brief introduction to the basic contents of the succession testament system. follow on, Presents the defects of our succession testament to the China Succession Law, at last puts forward that the necessity to complete the succession testament system.Chapter 2 mainly is a deeply research on the restriction of testamentary freedom , firstly makes a basic analysis on the testamentary freedom system, and at the base of this analysis, points out the defect and the social effect. The author points out the deficiencies of our restriction of testamentary freedom through the comparison between two legal systems. And at the same time author points out the reasonableness of the legal portion system. So the author decides to utilize the advantage of legal portion system to construct our own legal portion system.Chapter 3 mainly discusses the legislation completion on the executor system. The deficiencies of our executor system is very obviously, there is only one article to fix the executor system .So the author starts the research from 3 parts to complete the executor system. The 3 parts are the production of the executor, the qualification of the executor and the duties and rights of executor.Chapter 4 mainly discusses the types of wills. Firstly take a brief introduction on the types of wills in our country. And then present the legislative deficiencies .According to the c Comparison between two legal systems, and at last the authors proposes some legislative suggestions in order to complete the legislation of the type of will system.