遗嘱继承制度的“社会利益说”及其评析

"Theory of Interests of Society" of Testamentary Succession in the West

遗嘱继承制度的"社会利益说",是19世纪末20世纪初西方社会本位思潮在继承法中的反映。以狄骥、拉德布鲁赫和庞德为代表的社会连带主义、法律实证主义和社会法学派的法学家们,在阐述遗嘱人利益与社会利益的关系上强调社会利益而贬抑个人利益的倾向顺应了所处时代的要求,有其历史的必然性和合理性,但其认识上的片面性亦是明显的。

Testamentary ＂the theory of interests of society＂ is an institutional reflection of community-based thinking in the late 19th century and early 20th century.Duguit,Radbruch and Pound as the representative of the Western society associated doctrine,legal positivism and social school of the jurists had made unique contribution in the common cause that human explores nature of testamentary system.＂The theory of interests of society＂ accords with times and has historical necessity and rationality in stress on the social interests between the relationship of testator＇s personal interests and the social interests.As well as it has its limitations of the history and one-sidedness.