On The Limitation Of Will Freedom

All freedoms in the world should be relative,rights and obligations are corresponding,and so will freedom,we must make reasonable restrictions and restrictions on them.Although China's "Inheritance Law" also imposes certain restrictions and restrictions on the freedom of wills,there are still certain deficiencies,resulting in cases with the same situation but with very different judgments.Also because of the excessive emphasis on the freedom of will in our country,there have been some social problems in the process of application.The testator evades social responsibility when making a will,does not consider family obligations,arbitrarily disposes of property,and condones some violations of social morality.The events of the principle of good order and good customs continue to occur.Therefore,reasonable restrictions on the freedom of wills are the requirements of traditional family ethics and the requirement to realize the essence of private law.It is conducive to the maintenance of individual rights,the harmony of family relationships,and the promotion of stable and harmonious development of society.There are some shortcomings and shortcomings in China's freedom restriction legislation.For example,the scope of the protected heirs is too small,that is,the scope of the rights holders that must be retained is too small,and the share of the holders is neither specific nor reference standards.Bad operation in practice.This paper compares and analyzes the restrictions on the freedom of will of the four countries outside the country,and proposes to optimize the relevant legislation of our country based on the basic national conditions of our country and learn from the mature legislative experience of the countries outside the country,and absorb the reasonable components to improve the existing It is necessary to reserve provisions to better improve China's system of free wills,improve applicability,and implement the purpose of effectively and reasonably restricting the freedom of wills.This paper is divided into four parts: The first part is an overview of the freedom of will,discusses the content of will,the concrete manifestation of will,and emphasizes the necessity of restricting the freedom of will from three aspects.Finally,it discusses China's current There are provisions related to the freedom of wills.The second part analyzes and compares the relevant legislation on the freedom of test of the four countries of France,Germany,the United Kingdom and the United States.The third part analyzes the relevant provisions of China's freedom of free will and points out its problems.The fourth part puts forward the feasibility of constructing the system of free wills for Chinese characteristics from the aspects of the scope of the necessary holders,the consideration of the share of the necessary shares,the protection of the rights of the surviving spouse,and the safeguards for the establishment of the right to retain the rights advice.