An Analysis Of The System Of Special

A number of countries and areas has established forced heirship owing to its influence on limiting the testamentary freedom, protecting rights of special heir and uphold the unity of family. Proceeding from the objective facts, our Inheritance Law has not established this theory in 1985 which has lead to some problems. Take a typical example, it would have many difficulties in application of law when a case which somebody abuse their rights of testamentary freedom arose in judicial practice. We ought to establish forced heirship in order to maintain social justice, fairness and the order of law and balance the interests of the parties concerned.This graduation thesis start with the specific case and introduce the historical evolution of forced heirship. Based on concluding the concept and characteristic of the system, analyses its nature and function. Then the thesis introduce the forced heirship of the Civil Law and the Common Law of representative countries and regions finds out the contents of learning. Combining with the development of society, obtains that our country will establish pattern of forced heirship :forced heirshio system and necessary heirship system in parallel. Finally, put forward the legislative suggestion about the specific system.