Comparison And Reference Of Two Legally Legal System

The bequest institution is very important in the law of inheritance, due to the particularity of bequest subject,the bequest must be protected specially and limited reasonably. Bequest is based on the will, our inheritance law always insist on the will freedom principle,that is the bequest should be fully protected. However, considering the benefit balance between the legacy and heir and the family and social harmony and stability, the reasonable limit to the right is necessary.Our current "inheritance law" was formulated and implemented in 1985, and it has never been revised. At the beginning of the succession law making,owing to the weak material foundation and the less bequest property, legacy disputes were rare. But with the improvement of the economic, people’s material wealth is increasing, and the legacy property are constantly prosperous. What’s more, people’s traditional concepts change and the foreign culture fuses, so bequest disputes emerge more and more. At the same time,our laws exist many loopholes and shortcomings, legislation is relatively fragmented and not clearly, so this kind of disputes have no law to depend on, the subject can not be protected and the bequest legal relationship is difficult to get steady.From the view of the legislative mode and the legislation style,the bequest institution is different between continental law system and Anglo-American law system countries, and so our country is. At present,our country has few specific research for bequest. Comparing and analyzing the bequest institution of two legacy systems and combining the present situation and problems of our country, this article puts forward some suggestions to make our country’s legacy system better.This text is divided into five chapters.In chapter one,it contrasts the subject systems in two law systems, including the definition and scope of the the subject, some countries distinguish legatee following if they obligate the negative property, but other countries stipulate that legatee is getting heritage by testament. The second chapter compares and analyzes the object system in two law systems, each country adopts different legislative patterns,so the object is different,too.For the traditional property, most countries admit they are the bequest property.But the special is some countries regulate the special heritage-not completely heritage, so the focus of this chapter is analyzing the incomplete heritage. The third chapter compares the bequest protection system of two important legal systems, analyzing the bequest type, the perform bequest system, the conditions and procedures of accepting or giving up the bequest, the effectiveness of the bequest, etc. The fourth chapter is about bequest restriction,which compares the limit conditions of bequest, the property restriction and the legal portion system. The fifth chapter,turns to our country, analyzes the current legislative status and problems of our bequest system, then according to these problems, it puts forward some suggestions to make our bequest system better and better combining the experience of the two legal systems.