中国遗嘱自由之限制制度述评

Comments About the Restricted Measures Concerning the Freedom of Will

我国四法域继承法中关于遗嘱自由之限制制度可分为内地、台澳、香港三种模式。它们建立的法理精神有所差异,各自的长短优劣亦显而易见。将来我国民法典之继承篇应扬长避短,集其大成。

In the system of inheritance involving Mainland, Taiwan, Macao and Hong Kong, some restricted measures concerning the freedom of will have their own features and models. Obviously each of them has its own strong and weak points. Therefore, while perfecting our new law of inheritance, we should synthesize some reasonable and effective parts of the restricted measures related to the freedom of will in the three models. Meanwhile we should develop strong points and discard weak ones in order to epitomize the thought of them.