The Studies On The System Of Ordinary Forced Heirship In Roman Law

The forced heirship,as the name implies,is the share of the estate obligated by the testator to be near relatives in andance,to limit the freedom of will and to equate freedom of testament and natural ethics.It originated from the "obligation" of the ancient Romen law and gradually developed into a more mature legal system.However,the civil law of our country does not stipulate the forced heirship,Only in the inheritance law and the law of the protection of the rights and interests of the elderly,they mention the share of the necessary heritages of the fetus,the double missing persons and the spouse of the elderly.Even the General Provisions of Civil Law,just released in 2017,only involves the protection of the succession of the fetus from the succession to the general provisions.The existing laws in our country have too few restrictions on testamentary inheritance.Overall,the existing "necessary share of the heritage" has too little restriction on the succession of Testament,with rough content an lack of maneuver ability.In addition,there is a widespread phenomenon in academia that confuses "necessary inheritance share" and the forced heirship.To this end,I must return to the source,to explore the origin ordinary forced heirship of ancient Rome law as the starting point,trying to show the deep connotation of the forced heirship and to correct the misunderstanding for the forced heirship.At the same time,based on the legislative experience of the ancient Rome law and the civil law countries of the later generations,and combined with the present situation of civil law in our country,On the one hand,we can improve the "necessary share of inheritance" from the aspect of share and application.On the other hand,we can introduce a complete set of the forced heirship during the compilation of civil code.Let the two systems work together to restrict the freedom of Testament,protect the interests of near relatives,and help the interests of disadvantaged successors,and constantly improve our civil law system.