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我国继承法死因处分在方式上仅有遗嘱处分一种,在内容上,就指定继承人而言无替补继承、后位继承机制,对剥夺继承权无法定继承人特留份之限制,对遗赠定义过于狭隘,被继承人缺乏类似于负担指示以更全面贯彻自己意志的处分辅助手段。这些都限制了死因处分形成的可能性和被继承人理性处分、自由处分的空间。德国继承法死因处分制度,从处分方式、处分内容上都全方位考虑了被继承人以遗产归属为核心的处分动机和个人意图,同时相应规制了处分受益人之间、处分义务人之间、他们相互间的责、权、义务关系,为被继承人理性定位处分目标,合理构建处分过程,充分发挥处分自由做了扎实铺垫。而德国继承法各项死因处分机制的运作,又都有机有序地和继承法其他章节、《德国民法典》其他各编内容环环相扣,呼应关联。这些都对我国继承法和死因处分制度很有镜鉴价值。
In our country, inheritance of the death of the law is only limited by the way of disciplinary action. In terms of content, there is no substitute inheritance or post-inheritance mechanism in respect of the designated heirs. The restrictions on the deprivation of the inheritance rights are not restricted by the legally stipulated inheritance. The definition of bequests is too narrow , Heirs lack the burden of instruction similar to more fully implement their own will of the punishment aids. These have limited the possibility of the formation of the cause of death and the heirs rational disposal, free disposal of space. German inheritance law death penalty system, from the disposition method, the content of the disposal of all-round consideration of the heir to the attribution as the core of the motivation for the disposition and personal intentions, while the corresponding regulation of the beneficiaries of sanctions, between obligors, their Mutual responsibility, rights and obligations, for the purpose of heresy rational positioning and punishment, a reasonable construction of the process of disposal, give full play to the freedom of doing a solid foundation. However, the operation of the death penalty mechanism in the German Succession Law is also organized in an organic and orderly manner and in other chapters of the Inheritance Law. Other parts of the German Civil Code are closely linked to each other and echo the connection. All of these have great value to our inheritance law and cause of death punishment system.