The Boundary Of Testamentary Freedom

The estamentary freedom is one of the basic principal of the modern inheritance law. Testamentary freedom shows it in it.With the development of the economy, people become realize the right which they own. More and more people begin write a testament to treat their property before they are die. The existence of inheritance law is to balance the interest between person,family and society. Everybody ‘s appeal is reasonable and rational.Mostly, these interest will not conflict,but someone will use its right over the boundary. Based on the estamentary freedom, we will use some boundary to limit it. This paper uses the theory with practice,and the method of making comparative analysis on the relevant rules in inheritance law,makes a deeply discussion for the controversies about the boundary of testamentary freedom in our inheritance law.This paper mainly includes the following several parts about this topic. I will put forward a case to come up this topic,the boundary of testamentary freedom.It is a case called “Luzhou inheritance”.Then we will talk about this main topic. In the society,people discuss these two questions:Firstly,wheather we need to protect the action that against the social morality.Secondly, what estamentary freedom should be limited.Then, I will talk about the basic theory of the boundary of testamentary freedom.Then talk about the basic theory of legal and family,the existence of it has necessity.There are two parts of it.Firstly,like France and Germany,belongs to civil law.The other one is common law,like American and England. And investigate the cases of other countries. The I analysis the relevant rules of our and other counties. Many countries have the relevant rules of legal portion and public policy.Then analysis the reasons and meaning of this system. Lastly, I devise some aspect of the estamentary freedom. Above all the analysis,consult other countries‘s rules,according to our country ‘s environment, I put forward some ideas.Mainly about adding public policy to avoid against social morality.Build leagal portion,security system and its range.Complete the compulsory portion and its range.