論我國遺囑自由的限制
發(fā)布時間：2019-04-08 15:37
【摘要】：改革開放政策的實施,為我國很多家庭進(jìn)行財產(chǎn)積累創(chuàng)設(shè)了非常有利的空間,在良好外部環(huán)境之下,很多家庭通過合法手段積累了較大數(shù)額的財產(chǎn)。這些財產(chǎn)擁有者在生命還沒終結(jié)之前可以直接支配自己的財產(chǎn),為了在死后也能實現(xiàn)財產(chǎn)分配自我滿意度的最大化,他們中的很多人選擇立遺囑模式。然而,由于遺囑人在立遺囑時的自由度過寬,財產(chǎn)繼承糾紛也日益增多。盡管我國《繼承法》從法律層面上對繼承要求進(jìn)行了明確的闡述,不過由于受制于歷史及技術(shù)方面的限制,目前仍存在一定的法律漏洞,導(dǎo)致一些情況相同但是判決卻出現(xiàn)差異的案件發(fā)生。針對我國遺囑繼承立法中受保護(hù)的繼承人范圍過窄、必留份流于形式且不易操作等種種不足,可以在借鑒國外成熟立法模式基礎(chǔ)上對我國立法進(jìn)行優(yōu)化,從中吸收合理成分更新我國已有制度,落實好我國遺囑信托制度的完善工作,不斷擴大公序良俗原則的引至功能效用,實現(xiàn)有效限制遺囑自由。
[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.
【學(xué)位授予單位】：河北大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D923.5
，
本文編號：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.
【學(xué)位授予單位】：河北大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2015
【分類號】：D923.5
，
本文編號：2454698
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