论遗嘱特留份及其在我国的适用

On the Special Portion System and Its Application in China

特留份制度的设立,从表层上看,是对遗嘱自由制度的一种限制,但从深层次来说,它却是自然法衡平、公正理念在继承法中的体现。而这种制度的产生有其特殊的历史缘由,当然这种对遗嘱绝对自由的限制体现为一种进步的思想,但是,在将这一制度引入我国继承法时,应当慎加考虑。

The foundation of the Special Portion system is a restriction on the freedom of wills system from the surface point of view, but in deeper it is a concept of equity and justice of the Natural law in the inheritance of expression. The emergence of such a system has its unique historical origins, of course, such an restriction on the absolutely freedom of the wills is regarded as a kind of progressive ideas, but, it is the time of the introduction of China＇ s inheritance law, it should be seriously considered.