论我国特留份制度的构建——以遗嘱公证为视角

The Construction of the System of Forced Heirdom in the View of Notarization of a Will

特留份制度是指被继承人生前立遗嘱处分其财产时应当为其一定范围内的法定继承人留有一定的遗产份额,否则其遗嘱处分该遗产份额的部分无效,其实质是对立遗嘱人遗嘱自由的限制。而我国继承法规定的必留份制度的权利主体仅限于缺乏劳动能力又没有生活来源的人和胎儿,对遗嘱自由的限制微乎其微,起不到维护家庭关系和谐稳定、减少矛盾纠纷的作用。因此,在必留份基础上构建特留份制度势在必行。

The system of forced heirdom means that when the decedent disposes of his property by making a testament before his death,a certain share of the estate shall be reserved for the legal heir within a certain range,otherwise,the portion of the share of the estate disposed of by his testament shall be invalid,and its essence is to restrict the testator’s freedom of testament.However,the subject of right of the system of certain heirdom stipulated in the inheritance law of our country is only limited to people and fetuses who have no labor ability and have no source of income,and the restriction on the freedom of testament is very negligible,which is unable to maintain the harmony and stability of family relations and reduce conflicts and disputes.Therefore,it is imperative to build the system of forced heirdom on the basic of certain heirdom.