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Research On The Effective Elements Of Our Testament

Posted on:2015-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:R X ZhaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
Our current the inheritance law of the People’s Republic of China promulgated in1985, the method based on the planned economy system, had just practice the reformand opening up and socialist market economy has not yet been established, thewhole social wealth single category, and family relations under the dual societystructure simple, kinship structure stability, mutual care of traditional moral cultureto people’s ethic affection, to guide some inheritance relationships, and recovering oflaw education and research, and thus lead to the current "inheritance law" provisionson wills effective elements is simple, just a few provisions. However, with the rapiddevelopment of economic society, the masses of the people’s private property in ourcountry the increase of the number and variety of continuously, our familyrelationship and kinship, profound changes have taken place. The current legislativevalue of "inheritance law" has been unable to satisfy and adapt to the people at thattime for wealth inheritance expectations and lawmakers for regulation of socialwealth. At the same time, our current inheritance law legislation is too principle, lackof maneuverability, more and more potential shortcomings. In these problemsneeding to be perfect, effective elements on testament system is one of the typicalproblems. Therefore, study of wills effective elements, on the one hand, is conduciveto deepening the understanding of testamentary succession theory, for our country tomodify the current "inheritance law" provides the beneficial reference; Can guide thedecedent’s right, on the other hand, wills, better protect their private property, andreducing the occurrence of the dispute, the maintenance of family harmony andstability.
Keywords/Search Tags:testamentary, effective elements, substantial elements, form elements
PDF Full Text Request
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