Study On Inheritance Of Portion System

Portion system generated from the restrictions on the freedom of the will,the modern legislation in many countries have set up a system of legal portion,the system of legal development in foreign countries is already quite mature.Our legislation does not require the system of legal,but to limit the freedom of testament with "must remain part" system and the"reserve parts" system.Our legislation does not require the system of legal,just use "must remain part" system and the "reserve parts" system to limit testamentary freedom.Forced missing parts of the system can not achieve the protection of the rights of close relatives,resulting in a lot of social problems.This paper study portion system by introduced portion research system in foreign countries,by introducing the status of its history and foreign legislation,summarized the system of legal existence value,and refines amend the law of succession in our specific recommendations.This paper is divided into four parts.Part Ⅰ:General Portion system.Portion System introduces the historical evolution,the concept of special leave parts of the system,the nature and legal characteristics.We pointed out that the system of legal Portion is defined by law,not by the free disposition of the decedent must be legally inherited by the legal heir of the particular share of the estate or property rights.Part Ⅱ:Current Legislation Portion system in our country and abroad.By analysis and comparison of the major common law,civil law countries,a representative of Specific Reservation System,explain that only our legislation "must remain part" "reserve parts"provides the system,and not on the system of legal provisions,analysis of the system deficiencies of Portion of causes and effects.Part Ⅲ:Necessity of Portion system.It focuses on the feasibility of the establishment of the system of legal and practical significance.Part IV:Legislative Conception of Establishing Specific Reservation System.Portion system including legislative style,the system of legal rules and norms as well as the specific Portion System in coordination with other existing systems.