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Testamentary Freedom and Necessary Restriction

Author: SunXiaoZuo
Tutor: LiQiang; ZhouShaoQiang
School: Shenyang University of Technology
Course: Civil and Commercial Law
Keywords: Inheritance Will freedom Restriction Ethics and morals
CLC: D923.5
Type: Master's thesis
Year: 2012
Downloads: 37
Quote: 0
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The will is one kind of legal act. The citizen can dispose of his property before deathunder the law depending on the will, and the will becomes effective after the citizen dies.Throughout history, many countries, according to their own development needs in differentperiod, established the system of free will, and then made the society generally to beaccepted testamentary succession into a universal way of inheritance.When the inheritance law promulgated by the initial stage, China has just reform andopening up, the economy is still at the initial stage of socialist development. The citizen’sprivate property is relatively small and the social relation is relatively simple. Therefore thewill free requirements limited.This paper based on the market economic background, insist on the principles of willfreedom and its system design, the will should be necessarily restrict by balance willfreedom and value relations of will justice, analyzing by methods of economies, sociology,philosophy of law and comparative law.

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