Testament Freedom And Its Restriction

The author begins with the historical review of testamentary succession isdiscussed as a starting point, the ancient Rome, the testament succession system,discusses the evolution of the inheritance system, including no testamentarysuccession, testamentary succession to the original, and then to the absolute freedomof testamentary succession process, and finally to restrictions on freedom ofTestament, from which review the testament succession system in legal history, causethe reader to think, ask questions, to pave the way for the following elaboration.In the second part of this paper，is a creative writer. The author borrowed here--a view of Dr.Hu Shi’s "don’t stand there is no freedom","tolerance" will be introducedbetween freedom and restrictions, put forward "freedom, tolerance, limit" thejurisprudence and discussed in the paper,"as a bridge to tolerate" freedom andrestriction of that, in the probate of the "provision of this restriction" the ultimate aimis:"is to protect the decedent rights, and maintain the interests of heirs, the ultimatesocial overall profit from it, is a win-win system."In the third part, the author will of the two legal systems of the world inheritancesystem are enumerated and compared, citing France, Germany, Switzerland, Japan,Britain, Australia, USA and Hong Kong, Macao, and Taiwan testamentary successionsystem, demonstrates the legitim system and its significance to the effective system--a restriction, and discusses the inheritance law amendments shall be reference ofplaces in our country.The fourth part, the author takes--"to our country will freedom and restrictionsystem Rethinking" in the title, the Sichuan Luzhou probate case for example,discusses the legislation defects of inheritance law testamentary succession article inChina and problems, puts forward improvement advice--it is in our country tointroduce the legitim system using this system, to perfect our Testament successionsystem, based on the freedom of Testament, to limit the absolute freedom, thepersonal, family and the whole society will benefit greatly from the revised law; insuccession, let each case reflects the "fairness and justice", which promoting socialharmony and progress of the whole.In the final part, the author sums up the full text and purpose, bring forward theconclusion and the forced heirship to write the related to the law, as the legislativeadvice.