The Construction Of The Legitim System For Spouses

The Legitim system is defined by law as the proportion of assets that will be assigned to the legal heir when disposal of the estate occurs. The spouse is the most important subject of right for Legitim and spousal legitim is the core part of the Legitim system. Spousal Legitim is the special property portion that relates to the spouse in regard to the subject of rights of Legitim. While the Spouse Legitim can only proceed after the inheritance process has been exercised, effectively this has to be limited in the positive heritage area, besides; it must be the minimum amount of inheritance that is entitled to the spouse.With the development of society, inheritance disputes caused by the abuse of absolute will freedom principle have increased dramatically day by day. While in such cases, there is no legal basis for judges, invoking the "Law of Inheritance". Today China provides a protection to spouse’s inheritance rights through ’successors in the first order basis’ and ’necessary share of the heritage system’, the application conditions for ’necessary share of heritage system’ is fairly strict, thus it is hard for spouses to share rights in this part. The Spouses Legitim System is an effective way to limit the freedom of testament, besides, building such a system plays a significant role in the improvement of "law of inheritance", especially is theoretical meaningful in the Spouse Legitim. The Establishment in China also provides a reduction on heritance disputes and maintains social morals and order. Moreover, the Spouse Legitim system has lead to an adequate’maintaining of the Elder, Fostering the Children’function.Based on the national Legitim system, this study provides some assumptions on establishing legitim system regarding the situation in China. This paper has mainly discussed successors in the first order basis, namely necessary share of heritage system, then the spousal legitim rights’deduction and abandonment. I hope that with the construction of this system will minimize inheritance disputes, resolve the problems created by the freedom of testament, and then promote family harmony.