A Study On The Construction Of Forced Heirship System

The right to freedom has been respected as the legal valuesby the private laws. However, the Hangzhou case, ended by the nanny’s victory, allows many people had doubts on the boundary of the rights and their values. Law respects everyone’s private rights and also respects the freedom of citizens to set up a will. But does it mean that with our rights and freedoms given by laws, can obliges ignore public orders and morals and then abuse them? For instance, national legislation focuses on the protection of the interests of the families and their families members. But as a matter of fact, the freedom of testamentary usually leads to the testators often ignore the interests of their family members and to grant their heritage to others and even circumvent their obligations for the family. Therefore, is there any corresponding system that forces the restrictions on this freedom? And does the restriction of liberty correspond with the values of private law? How to limit the freedom that neither prejudices to the values of private law nor effectively prevents the abuse of the freedom? It is the questions that this thesis hoping to explore and answer. In view of this, the author hopes that through this research on Forced Heirship system of inheritance laws, she can explore how to effectively address the balance problem between testamentary freedom and the protection of the rights of the families and their family members.This thesis is divided into three parts, that is, the introduction, the body and the conclusion. The followings are the contents of the body:Chapter One summarizes the Forced Heirship system. In this chapter, the author illustrates the concept, characteristics, background and the connotation of Forced Heirship system, investigates its development and searches the meaning of Forced Heirship system from macro perspectives.Chapter Two researches the lessons given by Forced Heirship system in abroad. Through a comparative analysis of two legal systems of some countries, the author points out that our country can take good use of the advantages of other countries’ legislation. Most of civil law countries hold that spouse, children, siblings and parents are the subjects of Forced Heirship system. Some countries even regard that the rights for succession by subrogation also apply to Forced Heirship system; But the obliges of Forced Heirship system in common law countries mainly include spouses and children, which is more narrow for the scope of the subjects of Forced Heirship system. From the perspective of the specific practical application, the author tries to verify the value of legal restrictions on testamentary freedom given by the Forced Heirship system.Chapter Three discusses the review of the inheritance laws in the system of necessary share of heritage. The author combs the relevant laws and regulations of the system of necessary share of heritage in inheritance laws and illustrates the value and the meanings of this system. Combined with testamentary disputes cases, the author learns the application of the system of necessary share of heritage in practical situation in China about an in-depth analysis, and points out the existing problems, such as harsh lack of maneuverability of the subject of Forced Heirship system, the lack of operability and the indeterminacy of standards of the share. While the Forced Heirship system implies the practical values much more that of the system of necessary share of heritage. It can effectively solve some specific problems that he system of necessary share of heritage cannot solve, and more effectively balance the freedom of wills and the protection of the rights of the families and their family members.Chapter Four is the established idea about Forced Heirship system in China. This chapter is introduced in two aspects. Firstly, the author studies and expounds the meanings of testamentary freedom, and the potential conflicts between freedom of wills and the interests of the families and their members. On this basis, the author emphasizes the necessity and the value of the limit of testamentary freedom. Secondly, the thesis also puts forward the specific idea to set up Forced Heirship system of inheritance laws in China and further proposes the specific recommendations on this idea.