Research on Balancing Testamentary Freedom and Limitation

DOI: https://doi.org/10.62517/jel.202414309

Author(s)

Mengyang Li

Affiliation(s)

Law School, China Jiliang University, China

Abstract

In the field of law and morality, wills, as an important tool for the distribution of personal property, are regarded as a kind of respect for personal will and freedom. However, with the constant change of social, cultural and legal environment, the restriction of testaments freedom has gradually become one of the focus of public discussion. The purpose of this paper is to explore the impact of testamentary restrictions on personal freedom and the challenge of finding a balance between protecting the rights of family members and social justice. Due to various deficiencies and imperfections in the restriction on the freedom of will, the Inheritance Law of our country objectively violates the will of the decedent and infringes on the legitimate rights and interests of the decedent. Therefore, it is necessary to improve the restriction on the freedom of will in combination with public order and good customs and care for special groups to meet the needs of society. Reduce disputes between families’s members caused by inheritance division, so that the masses recognize the inheritance law from their hearts and consciously abide by the inheritance law. The purpose of this paper is to stimulate in-depth reflection on the relationship between testamentary freedom and limitation, and to explore how to achieve the respect of individual will and the realization of social justice within the legal framework. Through the discussion of this complex issue, we hope to provide some useful reference and inspiration for the future law making and judicial practice.

Keywords

Testamentary Freedom; Restrictions; Inheritance Law; Public Order and Good Customs; Legal Share

References

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