On The Limitations Of Will ——The Perspective Of Family Members

In the case of inheritance disputes in the will,my country has given the right to freelance the heritage of the will,and can avoid the limitations of legal inheritance,and dispose of the legacy in their own wishes.This too absolute will sometimes damage the interests of family members,and it should be restricted with the family responsibility of today’s era.How to effectively protect the interests of family members in the willingness of the will become a mid-to-chief of the civil-class inheritance.Exploring the restrictions on the willingness of the will,we can provide recommendations for the improvement of some provisions in the inheritance of the Civil Code,and correctly deal with the case of the will inherit dispute.In addition,the limitations of the will have a significant theoretical research significance,which can be found for the limitations of the will.The full text starts from three typical cases,analyzing the will of the social reality,if violates the public’s customs,or the restricted regulations will lead to the invalid case,which will be explored from the three perspectives of society,family and individuals.The theoretical basis for the interest protection of family members.Protecting the interests of the family members in the form of a willingness to be a socially stable development of the cornerstone,pay attention to the interests of family members in the will to promote social equity and maintain social public order.At the same time,the family ethics and value are warned that the testator cannot abandon family responsibility,and the spiritual concept of pension needs to continue to adhere to the willingness to restrict the return to the initial family base point,which is the ethical requirement of the family.It is necessary to protect the personal interests of family members,especially personal survival interests and inheritance rights,and recognize that excessive freedom will might infringe the personal interests of family members.From theoretical back to practice,explore the legislative model of the interests of family members in the will,first examine the current status status of my country’s current legislative model.Although there is a certain legislative scientificity in China,only the "Civil Code" is only Reserved and fetal reservation is limited,it seems that it seems that it is difficult to achieve the intent of the interest protection of family members in the will;secondly compare the external legal model of the domain,mainly the legislative model of the British and American legal system and the mainland legal system.Two legal systems The mode selection is different in the will,but it has stretched the benefits protection of family members;finally draws the experience of the field legislation model,establishing the "double rail" legislative model to improve the necessity of retrofit and Chinese style.After establishing the disposal limits of the will,the specific system is improved according to the actual situation of my country,including improving the must-leave mode and introducing special rest mode,specifically around the scope,share,and relief method.Institutional design.All in all,research purposes on the disposal of will have the purpose of protecting the interests of family members,thus constructing more harmonious Chinese families,Chinese society.