On The Principle Of Testamentary Freedom

Testament freedom is the essential core of the testate succession, which represents the spirit of will autonomy as a basic principle in the process of testate succession in civil law. The remarkable merit of testament is its function of protecting the personal property's ownership, reducing and preventing the dissension in testate succession, improving the social civilization and building a harmonious and steady society. Currently, testament is heading for setting restriction on testator's rights. However, our country has set little restriction on testament freedom which has dropped behind the law of market economy and major trend of succession law in many other countries worldwide. We should consummate the existing system, take reference of other countries'successful experience, give full freedom and reasonable restriction to testament, and chase the balance in this conflict, so that we may realize the promotion of freedom and restriction on testate.