The Case Analysis To "Luzhou Legacy Case" And "Hangzhou Legacy Case"

Testamentary freedom means the testator during his lifetime by making a will and disposition of his property ownership freedom. The content includes the freedom to designate a successor, bequest of freedom, the freedom of the burden of setting up wills, the freedom of withdrawal and change a will,and so on. Testamentary freedom is the autonomy principle embodied in the field of inheritance law and the protection of private property ownership of results. Both ancient and modern, all countries had established the principle of testamentary freedom.In the beginning of reform and opening up, China has formulated the current inheritance law, established and affirmed the principle of testamentary freedom. But with 20 years of deepening economic reform, the continuing social and economic development, people's living standards gradually improved, a significant increase in the number of property, social relations become increasingly complex, especially in 2001, China's accession to the World Trade Organization, The economy of china formal integrate into the global economy, people's living habits and ideas constantly updated, our inheritance law in respect of restrictions on freedom of wills increasingly highlighted the drawbacks."Luzhou legacy case" and "Hangzhou legacy case" are the will and restrictions on freedom of confrontation example. In practice, they appear the deficiencies of our present inheritance law. Will insist on absolute freedom, or the need to limit them? When the conflict appears, we should to choose one of them, or to find out a balanced way? In this context, the author seeks to make an in-depth study to the testamentary freedom and the constraints of it. By this investigate, the author wants to make a rewarding of the development to China's Inheritance Law and judicial practice.This text is divided into the following three parts:Part I:Make a comprehensive introduction to the "Luzhou legacy case" and "Hangzhou legacy case", and the two cases of controversy arising from both positive and negative aspects of a comprehensive commentary. And thus leads to the two cases involved the deep-seated legal issues. Part II:Point out the two cases involved common legal issues, namely testamentary freedom and the restrictions to it. First, make a comprehensive legal analysis to the testamentary freedom from the wills of the concepts, classifications and theory. Second, point out the obligatory restrictions for the testamentary freedom, combined with cases from the legal system and judicial practice point of view of restrictions on testamentary freedom of our current lack to conduct in-depth analysis and study.Part III:The measures to solve the issue of testamentary freedom and the limitation to testamentary freedom are built in the system of legal portion. First, Make an in-depth analysis to establish the system of legal portion in China. Second, Put forward a particular plan from the the rightful owner of the legal portion, the quotient of the legal portion, the share of the deduction to the legal portion, the waiver of the legal portion and the deprivation of the author to legal portion.