Restriction On The Disposition Of Property Under Testament

Limitation of testamentary disposition of property in legislation is not well-known. In 1985, China promulgated the “inheritance law”, Which has established the principle of freedom of dealing their testament. In order to prevent vulnerable heirs inheritance interest by the successor are violated, The Inheritance Law design essential share and foreordain share, With 30 years of continuous improvement and development of social and economic life. The values have changed, Changes of the values of the defects in the testamentary disposition gradually. The most obvious is the marriage and family rights and ethics in a violent conflict on the freedom of testamentary disposition. It forced the country to solute the problem: whether the testamentary disposition of property is arbitrary? The answer is definitely no. The arbitrary must accord with the law, Therefore the owner use the heritage for hiring the killer to kill his enemies. it must be invalid. when arbitrariness is in accordance with the law, But the unreasonable, Do we want to regulate? This paper will discuss that we have to consider the inner rationality in our legislation, The author from the four aspects of the article discusses:First Part of paper, I will analysis the two well-known cases, Which analysis between different types of case judgment to judge the results of different reasons. breakthrough under the case verdict, dig out the essence of two cases of conflict, and the nature of the conflict of the corresponding argument;Secondary Part of paper, Inheritance the culture of ancient China through method in ancient China, leads to the testament succession system of attitudes and methods. the shortcomings of current "Inheritance Law" in legislation, the necessity of this subject research has made three point analysis;Third Part of paper, According to the requirements above the proposed legislation, Western testamentary disposition of property restrictions will mature system as the research object of foreign law. from the development trend of its will and current legislation, summarized analysis, using appropriate parts of western developed country system, for our country to find paths and Countermeasures feasibility finding solutions to their own problems;Forth Part of paper, Through the three part of the work ahead, I will put on system design limitation of testamentary disposition of property is divided into three parts. First, I’m going to the establishment of the new system of the forced share; Secondary, Based on the reality, the country ought to expand the scope of essential share; Third, I will perfect the foreordain share。...