Treu System Research

Freedom is the fundamental value that advocated by the society, and freedom of testament is its important embodiment in the private law. Meanwhile, freedom of testament also reflects that property law respects and protects the ownership of citizen. But freedom, confined to social conditions, is required to take into consideration the interests of others and social coordination. An overview of the global legislation, manifests that the freedom of testament is principally constrained by legitim system. The Chinese "law of Inheritance" also has restrictions on the freedom of testament, which is mainly reflected in article19of the "necessary share of the heritage" system. Neverthelss, given that its range of obliges is too narrow and the right to share is not clear, it can not provide protection to other legal heirs. Therefore, in its practical application, there are close relatives and heirs who have been completely deprived of the inheritance rights, which has exerted negative impacts on the public order and good morals. Through the jurisprudential analysis on the freedom of testament and its legal restrictions, this study introduces the legitim system of civil law system, dissects the defect of the rules that limit the freedom of testament in China, and provides some assumptions on establishing legitim system based on the situation of China.This paper consists of three parts:Part Ⅰ: analysis of legitim system. Firstly it analyzes the theoretical basis of legitim system, i.e., the principle of testamentary freedom and limitations. Secondly, it introduces the the history of evolution of legitim system. Then it analyzes the implication, characteristics and nature of legitim system, pointing out that Portion is a property right of inheritance. Finally, via explainations of the value of legitirn system, it affinnes the meaning of maintaining family ethics, promots fairness and justice, supports close relatives, fills the legislative gaps and eliminates the conflicts between domestic law, and coordinating with foreign legislative.Part Ⅱ: Legislative evaluation and reference of legitirn system. By introducing the typical legislation and recent changes in civil law countries, it analyzes and draws a comparison with the legislation in China which reveals the lack of legislation in our country.Part Ⅲ: The formation of the legitim system constructing assumption in China. Firstly, in accordance with China’s national conditions, it proposes that the introduction of Portion system should be retained of the existing "necessary share of the heritage" system so as to better protect the vulnerable groups in the legal heirs. And then it puts forward the idea of legitim system construction, which, in the main, includes the range of obligees, basis of calculation and method of shared rights, deducted setting, forfeiting and abandon of rights.