In Taiwan Intestate Succession Laws Of Western

Testate succession system has a long history. Compared with legal succession, it more directly reflects the true meaning of the testator. If there is a valid testament, testate succession will take precedence of legal succession, which is the principle of autonomy in the performance of the succession.The existing succession system in Taiwan province was established in Succession section of the Civil Code by the ROC Legislative Yuan of National Government in 1930. On the basis of Chinese tradition, Taiwan's succession of Civil Code takes examples from continental legal system. The rules in it are completed and concrete, and have strong stability as well.Based on the Succession section of Taiwan Civil Code, the article introduces and analyzes the system of testate succession. In addition to the preface and the conclusion, the article is divided into three parts.The first part is the overview of the succession system of Taiwan. The article introduces the basic problems such as the derivation and the basis of succession law, the compilation and modification of the law, as well as the main content of Succession section of Taiwan Civil Code.The second part focuses on analysis of the main content of the testamentary succession. The article analyzes in details the testamentary capacity, the forms of testament, bequest, legal portion and the right of deduction. The Civil Law of Taiwan stipulates that the natural person over the age of 16 has the capacity to make testament in five forms: holographed testament, notary testament, mystic testament, dictated testament and nuncupative will. Each form of the testament should come up to the concrete requiremenst. The most distinguishing feature of the testament in Taiwan is legal portion, which limits the freedom in making testaments.The third part is the comments on Taiwan's testate succession system. The author firstly analyzes the features of Taiwan's testate succession system, and then compares it with the succession system of Chinese Mainland. At last, the author gives some legislative proposals to the perfection of the Mainland's testate succession.The forms of testament, bequests, legal portion and the right of deduction in Taiwan's testamentary succession system are highly distinctive. These rules deserve reference by us in the institution of the Civil Code.