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Stady on Freedom and Restriction of Testament

Author: YePeng
Tutor: LiXinTian
School: Wuhan University
Course: Civil and Commercial Law
Keywords: Inherit Will Free Limit Heirship
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 643
Quote: 3
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Abstract


Freedom is the extent permitted by law to do what he wanted . This is the understanding of the people for freedom of the most sensual . Freedom in the field of private law the most important manifestation of the principle of autonomy . Testamentary freedom and freedom of contract are the same as the embodiment of the principle of autonomy . In the same time, the principle of freedom of testamentary also reflects the protection of and respect for the property rights of individual citizens . The wills citizens the means and manner prescribed by law to dispose of their own after the death of the individual ownership of property , personal property ownership comprehensive . Testamentary freedom is the heir to the freedom of testamentary disposition of the property behind their own . When the wheel of time into the 19th century, based on the needs of socio-economic , political , personal standard give way to social standard , the principle of autonomy being more and more limited , the private ownership of property from absolute to relative . Thus testamentary freedom should also be subject to appropriate restrictions . Legal status of a testamentary seemed to take a more indulgent free \Whether our law on testamentary freedom is the attitude , the need to further restrict freedom of wills , how to maintain the balance of testamentary freedom and limitations of both , these are things that we want to solve the problem . This article is divided into four parts . The first part of the from jurisprudence historical perspective , the basic principle of testamentary freedom , analysis of the legal basis of the historical roots of testamentary freedom , pointed out that the nature of testamentary freedom ; second part of the comprehensive demonstration of the need to limit the freedom of testamentary , as well as restrictions on freedom of the will of the principal legal systems ; part III , combined with the laws of intestate succession , analyzes the characteristics and shortcomings of the system of restrictions on freedom of our wills ; fourth part , advocates learn from the system of legal analysis and comparison of representation of several civil law countries special Reservation System in Heirship main special leave copies of the share , special leave copies deductions , special leave copies of the waiver and deprived , proposed to improve the system of testamentary freedom in China specific legislative proposals .

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