论遗嘱自由与限制的平衡

On Balance between Limits and Freedom of Testament

遗嘱自由是继承法的一个重要原则,并为现代各国私法立法所普遍采用。在坚持遗嘱自由原则的同时,加强对这一原则的监督和限制,以完善继承法体系。建立专门机构管理有关继承和遗嘱事项,同时学习外国先进的特留份制度,建立有中国特色的社会主义特留份制度。对破坏家庭和谐且违反社会公共道德和公共秩序的人,禁止遗嘱人遗赠财产给这些人。从而使遗嘱自由原则在限制中发展,做到遗嘱自由与限制的平衡。

The freedom of testament belongs to one important principle of the succession law, and has been universally adopted by the legislation of various countries＇private law. In order to perfect the succession law, it is not only to adhere to its freedom principle , but to strengthen the supervision and restriction to it. It is supposed to establish special agencies to manage related matters, at the same time learn from foreign special share system to set up our socialism special share system with Chinese characteristics. To those who break the family harmony and violate social public morality and public order, they should be banned to get a bequest property. Therefore, the freedom of testament will develop with some limits so as to realize the balance between the freedom and limit of testament.