Research On Forced Heirship Inheritance Law

With the "Inheritance Law" amendment, the right to freedom of has aroused heated debate. The right to freedom of private law has been respected by the concept of legal value. Admit of no exception whatsoever will freedom. However, the "Hangzhou case" [in 2000, Hangzhou City, Zhejiang Province, a painter Yemou willed his millions of Yuan heritage, all bequeathed to the small nanny Wu, but not to the two adult daughters left a flake claw. Yemou daughter refuses to accept and arbitrarily take away heritage, Wu Mousui filed a lawsuit to request the return of heritage. After the court to the freedom of testament grounds, identified Yemou has made shall legally valid judgment, all belong to the Wu all heritage. ] to nanny victory for the outcome, however, the "Luzhou case" [2001 Sichuan, Shanghai City Huang made a will before his death leave all their property to his lover zhang. Huang died, his wife Jiang Mou controls all heritage, Zhang urged the court to initiate proceedings request legacy Jiang Mou return. Court trial with one or two Huang will act and the content of testament in violation of public order and good customs on the grounds, that the will is invalid, decisions Zhang case. ] but by will violate public order and good custom reason declared invalid, which makes many people doubt the rights of freedom and rights of free boundary value. Legal respect everyone’s private rights, respect for citizens to the establishment of testamentary freedom, however, the law gives our rights and liberties, whether that means the right of people can ignore the public order and good customs and abuse? For example, rights and interests of countries focus on the protection of the family and family members through the legislation, but the freedom of testament often leads to the testator ignored the interests of family members and the legacy gifts to others, or even to evade its obligation to the family. Therefore, the law of our country in this set will leave a system, but will leave a system has many defects which need to be resolved, otherwise the law difficult to apply to the life, it is difficult to call methods, we conducted a certain degree of research, through the research the author think will leave a system is no longer suitable for the development of our country, forced heirship system suitable for the situation of China, China should establish the special portion system.Through research the author think will leave system is no longer suitable for the development of our country, through the analysis of will leave a system of a series of problems that will leave a copy of a bit is not suitable for national conditions of our country at this stage, to the development of economy and society of harmony, I suggest treu of draw lessons from foreign legal system, keep up with the trend of the development in our country’s system in our country should establish special leave, is because treu system suit to our country’s current national conditions, and compared with the social tide of building a harmonious society in our country, in the above analysis, concludes that our country should establish special leave system.This article will first analyze the existing problems, and will leave a system in China and abroad, for a system are briefly introduced, then explain the necessity of setting up, leave a system. Through the analysis of necessity, and that we are going to build system of treu of specific provisions....