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Study On Specific Reservation System

Posted on:2017-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2336330503980837Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Freedom is the highest valuable target of the legal pursuit. A real law is used to better safeguard human liberty, rather than merely used to restrict human behavior. On the other hand there is no absolute freedom, the freedom need laws to regulate and protect. Private law in the field of freedom of the will is a reflection of the principle of autonomy, and protect the legitimate rights of the testator, but such freedom and rights must be given the appropriate limit, otherwise it will lead to the abuse of the rights, and will affect the rights and freedoms of others. Looking at the world, Many countries have freedom to appropriate limitations, the specific reservation System is the most important, and the traditional culture of the countries, historical conditions, economic and other factors are different, so the specific content of specific reservation system are also different. China has not established the system of specific reservation at the time the legislation, but established the system of necessary share to remain for certain restrictions on the freedom according to the historical conditions. However, with the changing times, the system appears in the application of a lot of loopholes, not been able to adapt to today's society, so we need to establish specific reservation system to better safeguard social stability and development.Firstly, Overview of specific reservation system, including the concept, chara cteristics,nature and origin of this system. Then analyze and compare specific details about the system of specific reservation of different countries and regions in the law systems, and then describes the enlightenment to China. On this basis, detail about the establishment of the specific reservation system of theoretical significance and practical needs, and compare with the current legislation, then come to establish specific reservation system in China. Finally, we put forward specific ideas on the establishment of specific reservation system.
Keywords/Search Tags:Necessary Share System, Specific Reservation System, freedom of testament, Inheritance
PDF Full Text Request
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