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特留份制度是指被继承人依遗嘱自由处分自己遗产时,不得以遗嘱形式取消由特定的法定继承人继承的遗产份额并依法应当为法定继承人保留一定数量的遗产份额的一项制度。我国《继承法》未规定特留份制度,但也有对遗嘱自由的限制规定如《继承法》第十九条规定:“遗嘱应当对缺乏劳动能力又没有生活来源的继承人保留必要的遗产份额。”称之为“必留份”。必留份制度的立法宗旨是保护缺乏劳动能力又没有生活来源的继承人的权益,是法律对被继承人处分自己的财产进行了强制性的限制。这种必留份制度与特留份制度两者都作为限制遗嘱自由的手段具有一定的共同之处,也存在一些差异。
The special reservation system is a system where a decedent can freely dispose of his or her inheritance by will and testament and can not withdraw the inheritance share inherited by a specific legal successor in the form of a will and retain a certain amount of inheritance share for the legal heir according to law. However, there are also restrictions on the freedom of testament such as Article 19 of the “Inheritance Law:” “Wills shall retain the necessary share of the inheritance for the heirs lacking the ability to work without any source of income . ”Called “ must retain ”. The legislative purpose of the legally binding system is to protect the rights and interests of heirs that lack the ability to work and have no source of living. It is the law that imposes mandatory restrictions on the succession of his deceased property. Both the system of reservation and the system of special subsistence share some commonalities as a means to limit the freedom of will and some differences.