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A Study on Heritage Legitim System

Author: GuLinLin
Tutor: TianShaoHua
School: Hebei University of Economics
Course: Civil and Commercial Law
Keywords: testamentary succession Ethics morals limit Legitim
CLC: D923.5
Type: Master's thesis
Year: 2014
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Abstract


Freedom of testament is a kind of freedom by the antecessor according to his own will totestamentary disposition of one’s own property.Freedom of testament is conducive to therealization of comprehensive protection of citizens on personal property.at the sametime,citizens donating personal financial to society,will contribute to social commonwealcontribution.But the freedom of testament about the heirs should be relative, otherwiseeasilycausing the legal heir interests, and also having a negative impact on the development ofthe whole society. The legitim system,as a legal system of restrictions on freedom oftestament is generally adopteda by the world most countries. The legitim system has a longhistory of the development, from the obligation of ancient Romeand the copiesn of theGermanic to modern national laws relevant provisions of legitim, forced heirship system inthe formulation is progressivily realizing scientific, systematic.According to the provisions ofChina’s " Inheritance Law " in Article19, we can see that China’s inheritance law also madethe corresponding restrictions on the decedent’s freedom of Testament, namely our countrywill leave a system. Will leave a system of right subject is " neither work nor a source ofpeople ".But the inheritance law in China in accordance with the problem exists defects, suchas the scope of the subject is too narrow, the shares of the right is not clear, bringing a lot oftrouble to the judicial practice in china.China will stay with foreign special leave either fromthe subject of rights or other aspects exist differences. WeCan say that our country there is nolegitim system in the strict sense. In order to meet the needs of real life, reduce the familyconflicts, maintain social stability, our country should make the legitim system in accordancewith their own national characteristics.This paper starts with an overview of legitim, studying the definition and the history ofspecial leave and so on. Then through the comparative analysis,foreign special leave a systemare introduced and analyzed. Then starting from China’s specific national conditions, analysisof defects will leave a system in our country and puts forward the necessity of establishing thelegitim. Finally put forward the legislative suggestion for the establishment of China’s. This paper is divided into five parts:The first part is the introduction of the paper. Firstly,author introduces the legitim systemresearch background and significance. The author points out that our current needs based onthe real life, the inheritance law revision has been put on the legislative agenda, andTherevision of testamentary succession is expert scholars to discuss an important content.Then,simply introduce the different scholars in the theoretical research on the issue of testamentarysuccession and the legislation of inheritance systemon foreign testamentary, theoretical studyis introduced. Finally, a brief introduction to the research methods of this paper andinnovation.The second part, is about the introduction of legitim system. First analyzed the definition,characteristics and properties of legitim. The author introduces the concept of legitim situationin different countries and regions, and the characteristics and properties of legitim arediscussed in detail, and put forward its own views on the nature of legitim. Then, discussesthe history of legitim, the relevant provisions of the era of ancient Rome to the present law ofmodern countries, systematically analyzed the development history of legitim system. Finally,from two aspects of theory foundation and value for further analysis of legitim system.The third part, the comparison research of legitim system. First respectively introducescontinental law system and Anglo American law system in the relevant provisions of legitimspecific content, make us a detailed understanding on the legislation of foreign portion. Then,a detailed analysis of the two legal systems in the legitim specific provisions on thesimilarities and differences from several aspects, and puts forward the system for ourreference.The fourth part, introduced our country will leave a system and puts forward thenecessity of constituting the legitim system. Firstly the existence of my strict sense of legitimis introduced, through the concrete analysis pointed out our country there is no legitim systemin the strict sense. Then, analyzes a series of problems of legitim system caused by the defects,and then put forward the necessity of constituting the legitim.The fifth part, is put forward some legislation envisaged by the author in the formulationof legitim for our country. This part separately from the legitim legislative style,, the subject of rights, rights of share right, deduction, describes in detail how our country based on thecurrent law of inheritance, the system set up a set of perfect of legitim system.

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CLC: > Political, legal > Legal > Chinese law > China and France > Law of Succession
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