| The first origin of this system is the obligation system in Roman times.After several thousand years of development and evolution,the system has become a mature legal system in many countries.Special share system refers to a system in which the decedent can dispose of his or her estate freely according to the will,but can not cancel the share of the estate inherited by the specific legal heir in the form of will and should retain a certain amount of share of the estate for the legal heir according to law.The main function of the system is to restrict the freedom of will,which is a very important value in civil law.However,any freedom is limited.It is a freedom that is permitted by law.The principle of testamentary freedom is the embodiment of the value of civil law freedom in inheritance.The system of obligatory bequeathing is the main restriction of testamentary freedom in the inheritance law of our country.Compared with the system of exclusive bequeathing,the obligatory bequeathing system of our country has certain limitations.This study takes specific typical cases as the starting point,analyzes the significance of restricting the freedom of will to protect the rights of the decedent,and believes that it is indeed necessary to set up the system of special share.The special share system plays a key role in maintaining stable family relations,maintaining good social and public order,and making up for the deficiency of inheritance law.This paper includes three parts: the concept analysis of the system of special reserve,the internal specific provisions of the main legal system,and the construction analysis of the system of special reserve in China. |
