Research On The Special Reserve System

At this stage,civil law countries have gradually recognized the indispensable position of the special portion system in the inheritance legal system,and regard it as one of the important inheritance systems that restrict the freedom of Testament and maintain the harmony and stability within the family.At present,in the current "Inheritance Law" of our country,the only system that can restrict the freedom of testament is the one that must be retained.With the progress of the national economy in recent years,citizens' awareness of accumulating personal property has been significantly improved,and more and more people hold considerable assets.Therefore,will as a legal form of disposal of personal property after death has also been widely used.But at the same time,the defects of the system of obligatory portion in our law that restricts the freedom of testament too little are gradually exposed.Some people take advantage of the loopholes in the existing laws and leave their inheritance to their extramarital partners regardless of family relations,which seriously damages the legitimate rights and interests of the legal heirs and stimulates conflicts within the family.It can be seen that the introduction of special allowance system in China is an urgent practical demand.In this paper,the origin of the special portion system as a starting point,further analysis of its concept,nature and characteristics,elaborate on the significance of the system to restrain the freedom of testament of the heirs,in order to analyze its legislative nature.Subsequently,this article lists and analyses in detail the relevant legislative provisions of the civil law system and European and American law system countries.By comparing the similarities and differences between different legal systems and different countries,we can get the enlightenment to improve the relevant legislation in our country.On this basis,from five different perspectives,this paper puts forward the necessity of formulating the special retention system for the present stage of our country,and puts forward the legislative conception of the special retention system from the legislative mode,the scope of the subject of rights,the calculation of shares,the deduction system and the loss of power.