The Research On The Restriction Of Freedom Of Testament

Testament system originates from Roman law, whose connotation is same as be unable completely in different history periods. Free principle of testament has been that the modern inheritance act is hit by important one base, it has embodied meaning sufficiently exercising autonomy, thoroughness being also right of ownership of property to citizen individual has protected. Any freedom is relative, the testament is free the exception, has to give to the person neither restricting rationally. According to the tradition family ethics concept and the private law, this essence is beneficial to defending individual rights and harmony and progress helping promote society better, too.There are a little different on continent genealogy of law and UK-US genealogy of law design restricting system freely in testament, but the way of the work of most countries choose at present is the legitim system to restrict the freedom of testament , Legitim system passes content clearly such as regulating the range of obligee, portion of the legitim, buckling subtraction right , is useful to restricting the freedom of testament, adjusting public wealth assigning the unfair effect , realizes the balance between the individual benefit and the society benefit, between freedom and order, it is also easy to operate comparatively conveniently.Our country also pursues the relative liberalism of testament, but it is unable to do as well as one would wish that only depend on necessary reserved portion system to restrict testament liberty evidently. As far as real national conditions and law tradition of our country be concerned, should restrict the system mainly from three the following aspect to testament liberty additionally perfect: First, the legislation experience using continent genealogy of law for reference structures the legitim system being suitable to our national condition and being able to blend with our country legal system each other; Secondly, reserve the necessary reserved portion system and improving and perfecting, system goes side by side with it and the legitim suitable for use , adopt one's strong points while overcoming one's weak points; Thirdly, stipulate the "public order and good customs" principle into the law of succession clearly, as the addition item of the two system that mentions above.