论我国遗嘱自由的限制
发布时间：2019-04-08 15:37
【摘要】：改革开放政策的实施,为我国很多家庭进行财产积累创设了非常有利的空间,在良好外部环境之下,很多家庭通过合法手段积累了较大数额的财产。这些财产拥有者在生命还没终结之前可以直接支配自己的财产,为了在死后也能实现财产分配自我满意度的最大化,他们中的很多人选择立遗嘱模式。然而,由于遗嘱人在立遗嘱时的自由度过宽,财产继承纠纷也日益增多。尽管我国《继承法》从法律层面上对继承要求进行了明确的阐述,不过由于受制于历史及技术方面的限制,目前仍存在一定的法律漏洞,导致一些情况相同但是判决却出现差异的案件发生。针对我国遗嘱继承立法中受保护的继承人范围过窄、必留份流于形式且不易操作等种种不足,可以在借鉴国外成熟立法模式基础上对我国立法进行优化,从中吸收合理成分更新我国已有制度,落实好我国遗嘱信托制度的完善工作,不断扩大公序良俗原则的引至功能效用,实现有效限制遗嘱自由。
[Abstract]:The implementation of the policy of reform and opening-up has created a very favorable space for many families to accumulate property in our country. Under a good external environment, many families have accumulated a large amount of property by legal means. These property owners can directly control their property before the end of their lives. In order to maximize the self-satisfaction of property distribution after death, many of them choose to make a will model. However, because the testator's freedom of making a will is too wide, the property inheritance dispute is also increasing day by day. Although the inheritance Law of our country has clearly expounded the requirement of succession from the legal level, there are still some legal loopholes due to the limitation of history and technology, Cases that lead to the same situation but differ in judgement. In view of the shortcomings in the legislation of testamentary succession, such as the narrow scope of the protected heirs, the formality and the difficulty of operation, we can optimize the legislation of our country on the basis of drawing lessons from the mature legislative model of foreign countries. By absorbing reasonable elements to renew the existing system of our country, to carry out the perfection of the testamentary trust system of our country, to expand the function utility of the principle of public order and good customs, and to realize the effective restriction of the freedom of testamentary will.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.5
，
本文编号：2454698
[Abstract]:The implementation of the policy of reform and opening-up has created a very favorable space for many families to accumulate property in our country. Under a good external environment, many families have accumulated a large amount of property by legal means. These property owners can directly control their property before the end of their lives. In order to maximize the self-satisfaction of property distribution after death, many of them choose to make a will model. However, because the testator's freedom of making a will is too wide, the property inheritance dispute is also increasing day by day. Although the inheritance Law of our country has clearly expounded the requirement of succession from the legal level, there are still some legal loopholes due to the limitation of history and technology, Cases that lead to the same situation but differ in judgement. In view of the shortcomings in the legislation of testamentary succession, such as the narrow scope of the protected heirs, the formality and the difficulty of operation, we can optimize the legislation of our country on the basis of drawing lessons from the mature legislative model of foreign countries. By absorbing reasonable elements to renew the existing system of our country, to carry out the perfection of the testamentary trust system of our country, to expand the function utility of the principle of public order and good customs, and to realize the effective restriction of the freedom of testamentary will.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.5
，
本文编号：2454698
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