A Study On The Effective Elements Of Testamentary Succession

In recent years, as China’s economic development, household wealth continueto accumulate, citizens dispose of their wealth and more attention. Under thisenvironment, heritage processing will gradually people’s attention. Yet, since85years,"People’s Republic of China Law of Succession" was limited to the level of economicdevelopment, and social development of future changes can not be done accuratelypredicted, so some legal systems inevitably inherit some shortcomings, the momentpeople can not adapt Reason needs. The elements of testamentary succession effectiveresearch and promoting sound system of intestate succession, while guiding judicialpractice.This thesis is divided into four chapters, the first chapter is an overview ofelements of testamentary succession effectively, focusing on the connotation andvalue of the effective elements of intestate succession and wills, in order to explorethe significance of the effective elements of the study; in the second Chapter Iconcentrate on the lack of substantial elements of wills and the presence of the currentterms of formal requirements, this paper from the testamentary capacity, will remainpart, aspects of wills form, executors and other reasons set forth shortage, combinedwith case illustrates the importance of improving the legislative system; the thirdchapter is compared with the study of the Two countries (regions) elements ofeffective wills, the author selected some representative countries (regions) legislationand learn from, to better provide a sound basis for our legislation. In the discussion ofChapter IV, the combination of the previous section discussed the example presentedfor the Improvement of Legislation Reflections, including establishing testamentarysuccession guiding principles of legislation, I believe that the only sound will be thesystem of legal and respected public order and good morals principle is wills limitedway to achieve the guiding principles of freedom, and ultimately achieve the perfectbalance of wills and testamentary freedom restrictions.The law is the emergence and development has social, socio-economic base determines the legal system. At present our society is enormous changes occurred insuccession legal system should change and breakthrough moment that people canadapt to new needs and wishes. This article is from the reality, drawing on thelegislative experience of other countries or regions, based on the proposal put forwardlittle intestate succession legislation. In contemporary society, from the theoreticalresearch of many scholars also difficult to find, perfect Intestate Successionlegislation undoubtedly reflects a values orientation, legislation towards thereconciliation of family, social, personal interest in the direction of the unity, aimed atprotecting the testator the legitimate rights and interests, promote social harmony.Of course, the effective elements of testamentary succession research, whereappropriate, also need a lot, this article only describes the problem from a limitedperspective and views were summarized in the final epilogue.