The Theory Of Will Freedom And Restrictions On The Freedom Of The Will

China,like the other countries in the world,under the principle of freedom,human rights,rule of the law,advocates testamentary freedom.Nervertherless,throughout the world,it is not absolutely free but relatively free.In order to limit testamentary freedom,our country,sets the system of “legal portion” in the inheritance law of the People's Republic of China.With the advancement of reform and openness,China's social and economic develops rapidly,individual wealth increases constantly,and more and more new problems occur in the process of testamentary freedom.Such as,we overemphasize the will freedom,do not consider the family affection,and the act of dispose of the legal property in the form of a testament will cause some social immoral and violations happen.But,there are also some problems exist under the limit of testamentary freedom,such as,the standard of “legal portion” is not clear,which makes it inoperable and the beneficial main subjects are not much which makes it exist in name only.So,this article mainly analyzes the testamentary freedom and the problems that are caused by the restrictions of testamentary freedom.Combined with the “legal portion” system in China,and absorb the good methods on restriction of testamentary freedom from other countries,this article provides some suggestions on the improvement of China's system of restriction on testamentary freedom.