Research On The System Of Forced Share

Forced heirship is a system that a testator cannot dispose of the property of law clearly. Specifically, forced heirship’s aim is to restrict the freedom of the testament and protect the right of legal heir. Freedom is relative and there will not absolute freedom. All over the world, most countries have restrictions on freedom of the testament. Forced heirship originated in ancient Rome and be improved and developed in many countries. Now, forced heirship has its national characteristics.In our country, compulsory portion that restrict on freedom has a lot of defects. In our country, “inheritance act” stipulated in article 19 and 28, the holders of rights is that neither labor ability nor sources of life and the fetus. From the law, I think “inheritance act” to protect holders of rights is too narrow. Most testator’s interests cannot be protected. And “A necessary portion of an estate” is not a clear expression. If the portion of an estate cannot be sure, right protection is impossible. Now, we can find many cases about testate succession. The occurrence of these cases urge that we have to modify the inheritance law. In our country, the way of limiting testamentary succession cannot meet the requirements of the development of the society. We must build forced heirship now.I use the method of comparison, deduction and induction to analysis whether forced heirship can introduced in mainland China. I will combine the basic national conditions of our country and build a forced heirship in our country. First of all, forced heirship overview. I describe the theory of the forced heirship, its emergence and development in detail. Specifically, from the theory of the forced heirship I want to clear what is forced heirship. Secondly, China’s “four scope of law ” forced heirship and compulsory portion comparison. I discussed the forced heirship of Hong Kong, Macao and Taiwan in detail and compare their forced heirship and compulsory portion of our mainland area. Thirdly, the necessity of creating forced heirship in mainland China. Fourthly, build system of forced heirship ideas imagine. Through discribing the preparation of style and specific ideas of forced heirship, I suggest how to build the heirship.