| 摘要: |
| 我国必继份制度与国外的特留份制度既有共同之处,也有明显差异。由于必继份制度的内容比较粗略,存在适用主体范围过于狭窄、适用标准缺乏可操作性、遗产份额标准不明确等缺陷,已无法起到限制或者制约遗嘱自由的作用。我们应当借鉴和引入特留份制度,以进一步完善我国继承法律制度。 更多还原 |
| 关键词: 特留份 必继份 继承 法定继承人 遗产 遗嘱 |
| DOI： |
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| Comparison and Contrast between Legal Compulsory Portion Forced Share and Special Share and Its Referential Significance |
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WU Guo-ping
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| Abstract: |
| There are some common points between the system concerning legal compulsory portion forced share in China and the system of special share practiced abroad,as well as some differences between the two.The relatively rough contents of the system of legal compulsory portion forced share in China lead to the shortcomings such as the narrowing scale of applicable subjects,lack of operability in applicable standard,unclear division of inheritance share and so on and result in inefficiency in the limitation and restriction of the freedom of testament.The system of special share should be referred and introduced to further improve the inheritance law in China. |
| Key words: special share legal compulsory portion forced share inheritance legal heir heritage testament |
