一、概说(一)泸州遗赠案“张学英依与其同居人所立遗嘱诉遗嘱人之妻蒋伦芳给付受遗赠的财产案”~(〔1〕)发生在四川省泸州市,因此,以下简称为“泸州遗赠案”。对于该案,一审法院认为:黄永彬所立的将财产赠与原告的遗嘱,虽有真实意思表示且形式合法,但其对财产的处分违反了继承法和婚姻法的有关规定,根据《民法通则》第7条,民事行为不得违反公共秩序和社会公德,违反者,其行为无效。根据《婚 I. Introduction (1) Luzhou Bequest Case “Zhang Xueying v. Jiang Lunfang pays his bequests to his legatee in accordance with the will of his cohabitants.” (1) occurred in Luzhou, Sichuan Province. Therefore, the following Referred to as “Luzhou legacy case ”. In this case, the court of the first instance held that the will given by Huang Yongbin to present the will of the plaintiff, though having the true meaning and form, is lawful, but its disposal of property violates the relevant provisions of the Inheritance Law and the Marriage Law. According to “General Principles of Civil Law” Article 7, civil acts shall not violate public order and social morality, violators, their acts are invalid. According to "marriage