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由于特留份是对遗嘱自由的限制,是法定的不可侵害的继承权利,故继承主体应限定在法定继承人。在我国,婚生子女和非婚生子女享有同等继承权,故可以直接规定特留份数额为扣除债务等费用后的可分配额的二分之一,并在第一顺序继承人中按继承法分配即可。关于继承的时效、特留份继承权被侵犯的补救措施、对特留份继承权的抛弃等各项,均可按继承法一般规定适用。
Since the special copy is the limit of freedom of testament and is the statutory inviolable right of inheritance, the successor subject should be limited to the legal successor. In our country, children born out of wedlock and children born out of wedlock enjoy the same inheritance rights. Therefore, the amount of special surrender can be directly stipulated as one-half of the distributable amount after deducting debts and other expenses, and they are distributed according to the law of succession in the first successor order Can be. With regard to the limitation of succession, remedies for infringement of the right of inheritance and the abandonment of the right of inheritance of the reservation may apply in accordance with the general provisions of the succession law.