The Legal Analysis On A Will Succession Case Between Yuan Shixing Etc. And Yuan Wei Etc.

Will Succession is one way for the citizen to appoint the testament executor and dispose of the property in accordance with their wills. As far as it concerned, Statutory Succession is still the dominant way in our country. However, with the development of our country's economic and the increasing of people's personal property, Will Succession also become increasingly important for people. More and more people dispose their property through the way of made wills; Will Succession reflects its more and more important significance.Through the analysis of the case that Yuan Shixing, this paper points out questions and the focus of debate in this case. And combined with legal norms bonding, the article also analyzes the case. On the one hand, through the analysis of the case to strengthen our analysis of issues, problem-solving skills; on the other hand, the analysis of the case to point out some deficiencies in our country's succession law, such as freedom of the testator, and the restrictions on testamentary freedom. A lot of scholars have expressed their own opinions and put forward some recommendations about the above-mentioned questions. For example, Professor Zhang Yumin, in his book "Study of the legal system of succession," especially expound freedom of the testator, and the restrictions on testamentary freedom. Compared restrictions on the freedom of the wills in our country with the relevant provisions in the United States and Britain,he thinks that China's restrictions on the freedom of testamentary is less than theirs'.The restrictions on testamentary freedom of the civil law of our predecessors Shi ShangKuan at "On the law of succession," one book, a detailed special leave applications on the system. contemporary scholars, Guo MingRui ,Fang ShaoKun, Guan Tao remain advocates of the system of special restrictions on testamentary freedom. This article also in this regard is based on the theory of some scholars abroad in combination with the relevant provisions of the Civil Code, the provisions of our law of succession to inherit the will of some of the system put forward their own inadequacies shallow point of view to study the benefit of our country the law of succession, in order to better address the practice of succession disputes and maintaining social stability. This paper, about 16,000 words, can be divided into two major parts.The first part tells the introduction and analysis of the case. In this paper, analysis of the case involved four questions. The first one is whether the testator could dispose of the relationship between identities; the second one, whether Yuan Yintang heritage custodian identity;the third one, in this case the defendant Yuan Wei, Yuan-jia's inheritance rights are denied; the last question, death should be as inheritance.The second part reflects on of the outstanding questions in this case: how to weigh on the restrictions on the freedom of testamentary succession and its power to dispose of their property. Then introduce common law, civil law to restrict the freedom of the relevant provisions of the testator to carry out assessment. At last reference to foreign laws in combination with the actual situation of our country to make some sound recommendations.