Establish Of Legitim System In China

Testamentary freedom embodied the values and ideals of the parties will of theautonomy of the civil law, but the fair is also a civil law in important basic principles.And maintain social stability in order to ensure the fairness of the wills, mostcountries in the world, freedom of wills limit. Specific Reservation System is a kindof good can effectively limit the testator, to give specific person specific protectionsystem of the Roman period. Now a lot of countries inherited form in line with theirown national conditions Specific Reservation System.Of "the provisions of Article19of the Law of Succession: Wills should be thelack of ability to work and no source of living heir to retain the necessary share of theestate." Visible China has also limited the freedom of the will, but to take thenecessary share of the estate system with foreign Specific Reservation Systemcompared to the great deficiencies. On the one hand, the protection of the main rangeis too narrow; On the other hand, the share of the system is uncertain. At the sametime, due to the narrow range of the main protection and the protection of theuncertainty of the share, but also brought great distress to the judicial practice.In this paper, the apparent lack of the necessary share of the estate system exists,the use of jurisprudence, ethics, economics, and comparative study, comprehensiveexposition of the Establishment of Specific Reservation System, finalrecommendations proposed system construction.The thesis main body total is divided into four parts.The first part tells we should establish of legitim system in China. By denyingProfessor Zhang Yumin "Chinese inheritance laws legislative proposals is issued andlegislative reasons” Author introduce some disadvantages of necessary share of theestate. So the author concludes that we should establish of legitim system in China.The second part of our special set up the system of legal necessity. In this section,author explains the value of legitim.Then the author points some disadvantages ofour necessary share of the estate. The third part is the leave a copy of the precedent system legislation experiencefor reference. In this section, the authors of the civil law and common law systems onbehalf of the country’s special Reservation System in the introduction and analysis,and finally the system of legal analysis of China’s Taiwan region specially.The fourth part of Specific Reservation System established idea. In this section,the authors put forward a few suggestions.