Russian Special Reserve System Research

The special retention system is an important system in the inheritance law and has unique values and functions that reasonably restrict the principle of freedom of will.In contrast,the "required share" stipulated in China’s current inheritance law has the problem that the applicable subject is strict and the share is not clear,which causes many inheritance disputes that occur in reality to be in an embarrassing situation without specific laws and regulations.Therefore,it is necessary to make up for the lack of freedom of testament in the "must-stay" system of our country and introduce a system of special retention.Russia’s system of special reservations has been perfected for a long time,and it can be used as a reference for the establishment of a special system for the retention of shares in Russia.This paper studies the historical development of the Russian system of special reservations and the latest issue of the system of special reservations in the Civil Code of the Russian Federation.The law analyzes the background of the continuous improvement of the Russian contemporary special reservation system,and draws on the experience and lessons of the subject selection,share calculation,and the elimination of rights in the process of building a special reservation system in Russia.At the same time,it combines the case to show the Russian special reserve.The application of the system in judicial precedents.I hope this article can provide some ideas for China to build a localized special retention system,in order to make a little effort for the improvement of China’s inheritance law.This paper is divided into five main parts: The first part is a diachronic examination of the main stages of the development of the special reservations of the ancient Ross,Russia,and the Russian Federation,showing that the special retention in Russia has been reduced from scratch,from 100% to now.The legal inheritance before us should follow the change track of the share of 1/2,and study the dialectical relationship between the state system and the legal provisions embodied in it,with aview to giving China a certain system of special reservations in line with China’s national conditions in the context of socialism.InspirationThe second part introduces the main factors of the special retention system in the third part of the Russian Federal Civil Code promulgated in 2002,and explains how the contemporary special retention system is continuously supplemented and detailed through judicial precedence in the judicial practice,and the maximum balance protection is The heir’s will and the heir’s inheritance.The third to fifth sections specifically analyze the legal structure of the Russian special reservation system.Firstly,the complex composition of the main body is visually displayed through the table,and the judgment of Russia’s lack of labor ability is emphasized,and the characteristics of each type of subject are described.Explain the points that are worth noting in the calculation of Russian special reservations,and give the Russian judicial practice and the legal community’s response to this,and then use the example as a carrier to show how to carry out the specific calculation rather than the mechanical narrative;It analyzes the procedures of renunciation,reduction,deprivation and protection that are closely related to the rights of Russian specialties.It is pointed out that the complete system of special retention must have a corresponding system of protection and cancellation.Otherwise,the rights of the heirs will not be guaranteed.