On The Restriction Of Freedom Of Testament

In recent years,in view of the characteristics of the new period of our country inheritance disputes,circles of China's "Inheritance Law of criticism and hair,put forward suitable for the requirements of the times,timely modify the voice getting higher and higher.The principle of free will as the important principles of "the law of succession",through the autonomy in the field of inheritance of citizen's private property and personal preferences were fully respected,but also like any other right to freedom,like the existence of abuse,especially in the development of the market economy today.Therefore,in today's social context,in view of China's "Inheritance Law" on the freedom of the restrictions on the cube of the status quo,existing problems and legislative design research is very necessary.The first chapter of this paper from the concept and characteristics of testamentary freedom and limitation of testamentary freedom of put forward from the point of view of the freedom of the will,the will of absolute freedom advocating,infringe upon the lawful rights and interests of the successor,and destruction of family ethics,endanger the stability and development of the society,this is not a legal design original intention.Therefore,the freedom of the will should be the limit of freedom,and not the freedom to exercise absolute freedom.The second chapter analyzes the China's "Inheritance Law" legislation current situation about the limits of freedom of Testament,and pointed out that the current our country about the limits of freedom of testament legislation has 1.The succession of the main constraints are not strictly;2.Necessary inheritance stipulated not clear enough;3.Effect of notarization priority is not reasonable enough defects.The third chapter analyzed at the present stage of our country inheritance disputes of new features,and in view of the defects existing in the legislation of China's restrictions on freedom of the will to put forward suggestions:1.Break the principle of the highest notarial will effect;2.To construct a substitute inheritance system;3.The introduction of the principle of public order and good customs restrictions on freedom of testament;4.Establish suitable for China's conditions of a system.