The Establishing Of The Forced Heirship System

Forced heirship is derived from Roma, which was initially taken as a measure to limit the freedom of testament. It has come into being an important system of testament inheritance law in many civil law countries after the development of a few thousand years. There are some common points between Compulsory portion in China and Forced heirship abroad, as well as some differences between them. The relatively rough contents of Compulsory portion in China lead to the shortcomings such as the narrowing scale of applicable subject, lack of operability in applicable standard, unclear division of inheritance share and so on. The legislation actuality result in inefficiency in the limitation of the testament liberty. So, study on Forced heirship and introduce it, which would promote the perfection of inheritance law of Chinese Mainland. On the basis of the legislation and judicature of our country, this paper point out how to construct the terms of the layout of forced heirship system and draws useful lessons to perfect it in our country.