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The Research Of The Portion System

Posted on:2011-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y X YaoFull Text:PDF
GTID:2166360308453789Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Portion system restrict the freedom of the will of the decedent, play an important role in protect ing inheritance, maintaining family continuity, safeguarding social stability and protecting vulnerable groups. Because of the differents the economic base, cultural traditions, moral values, social systems, living standards , different historical development and other factors, Portion Portion rights system's scope and sequence, the proportion of share rights, rights of nature, the subject which reduce the scope,mode of exercise of the right deductions vary.Therefore, the analysis on the details is the focus of this study.I argue the Portion system in the following four perspectives:Part I: overview of the Portion system, including the concept ,origin, characteristics and nature of this system..PartⅡ: introduction and comparation of portion legislation in various countries focusing on the content and details of the system.Part III: Legitimacy of the system, mainly from the value level–Testamentary freedom and many restrictions to testamentary freedom. Then analysis the reasonable facts of the system from the balance of interests of rights holders, the effects for family and social, the priority effectiveness of will and statutory inheritance's.Part IV: Analysis of Current China "inheritance" of the existence of Portion system. the difference between remaining copies, copies will be reserved system and Portion system, as well as he reasons why this system does not exist in China's "inheritance" .Part V: (from both positive and negative)The necessity of the introduction of Portion system and the ideas of content of Introducing Portion system .
Keywords/Search Tags:poetion, the portion must stay, reserved portion, free will, inherit
PDF Full Text Request
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