The Legislative Design Of Special Retention System Under The Background Of Civil Code Compilation

On October 1,2017,the general principles of civil law came into effect.As an important part of the civil law,the revision of the succession is also rapidly beginning,among which the addition of the special system is one of the focus of the modification of the inheritance law.In order to limit the freedom of the heir’s will,the inheritance law of our country only stipulates the system of certain heirdom.Because of the strict application conditions and the unclear amount of the system,the act of abusing the freedom of will has not been effectively contained.In order to limit the freedom of the will and guarantee the rights of the inheritor,it is widely expected that the special retention will be added.The system has important functions such as maintaining family relations,maintaining public order and making up for the logic defect of inheritance law.To set up the system of special retention has been set,but the gap between theory and reality,leave a copy of the size of the system for frequency,how to guarantee the system to be able to meet expectations are questionable.As a new system,it is necessary to consider the organic combination with other systems in the whole inheritance law,and to deal with the relationship between the property right and the system of certain heirdom..The system of special retention of additional need to explore its legislation guiding ideology and include subject,share,buckle,gain and loss,and so on.