论文部分内容阅读
遗嘱自由作为我国《继承法》中的一项基本原则,在处理遗嘱继承纠纷时占有重要的地位,能够帮助人们按照自己的意愿处分财产,同时能够帮助法官及时、有效地解决遗嘱继承争议,提高办案效率。同时,遗嘱自由也不是绝对的,是需要通过法律对其加以限制的,我国《继承法》中对遗嘱自由的限制进行了相关的规定,但是,由于《继承法》制定之时条件有限,我国的遗嘱自由原则及其限制还有待完善,以更好地帮助遗嘱自由原则的适用。
As a basic principle in the “Succession Law” of our country, Wills Freedom occupies an important position in dealing with disputes over will-inheritance. It can help people dispose of property according to their own will, and at the same time can help judges to solve the problem of will-succession timely and effectively Case efficiency. At the same time, the freedom of testament is not absolute, it needs to be restricted by law. The restrictions on freedom of testament in China’s Succession Law are regulated. However, due to the limited conditions at the time of the enactment of Succession Law, The principle of freedom of will and its limitations have yet to be improved in order to better assist the application of the principle of will freedom.