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On Constrsuction of the Special Portion System

Author: LiDanMing
Tutor: HaiTang；GuWeiDong
School: Inner Mongolia University
Course: Legal
Keywords: Inherit Testamentary freedom Heirship The necessary share of the estate
CLC: D923.5
Type: Master's thesis
Year: 2009
Downloads: 143
Quote: 1
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Abstract


In modern society, restrict freedom of testamentary legislative trends of the world . The system of legal restrictions on testamentary freedom , widely exists in civil law countries . Special testamentary disposition in accordance with the the Heirship system , the testator can only stay outside the heritage . That is, as long as the testator reserved special leave copies can freely dispose of other heritage , will no longer generally ineffective for violation of public order and good morals . Legal heirs , spouses , children, parents are the inalienable Heirship , so to protect a part of the legal heirs inherit interests . The Heirship system effectively balance the conflict between the interests of the legal heirs inherited with the testator is free to dispose of heritage . And the system of legal as the intervention of the state of individual behavior in other countries for many years, is a mature legal system . Therefore, this article on foreign inheritance laws specified in the system of legal study of some fundamental problems , compared with foreign civil law system , the provisions of the law of succession will be the system of legal point of view and opinions . And learn from other countries' legislative experience , especially the system of legal put forward their own ideas . The paper consists of four parts : the first part through a typical case of the current status quo of the system of legal evaluation . Presented our legislative shortcomings in the system of legal . And compare our System and Western countries must remain in the system of legal . The second part focuses on the system of legal necessity in China . Analysis of the system of legal value , and the situation of China , proposed the system of legal establishment in China has important practical significance . The third part analyzes the civil law and common law in the system of legal representative countries , in order to learn from foreign experience in legislation proposed should be built in our country the system of legal , to adapt to the trend of the international legislation . The fourth part in the reference countries the system of legal basis , from the the Heirship main Heirship share Heirship deduction on the Construction of the system of legal concrete legislative proposals .

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