Comment On The Co-testament

The operation of the existing law of succession has over two decades, significantly increased awareness of citizens property rights, but also to complicate the ownership of heritage. Among them, co-testament is no longer as common as the early legislation does not matter, but the highlight was a more important legal issues. In recent years, when co-testament of cases taken to court together. This problem, because the absence of legislation expressly provides little interested in theory, blind people use and fend for themselves, there is an urgent need for solutions from the doctrinal confusion, from the legal position and provide guidance for the practical operation. This horizontal comparison of the different countries of the common legislation of co-testament, and from the actual situation in China, trying to carry out co-testament of the common more comprehensive discussion and analysis in order to correctly grasp and understand its essence, to facilitate a better guide practice.This article is divided into five parts:Part I:Will common sense. The first art of co-testament from the common basic theory, first analyzed the concept of co-testament, the types of co-testament, the nature of co-testament and the common characteristics of co-testament.Part II:Comparative Analysis of co-testament. Throughout the second part of the legislation of the world, a will compared to the common method.Part III:on China to recognize co-testament. The third part of the joint statement of co-testament in the present situation in China,and the opinion is that recognize the legal effect of co-testament.Part IV:Analysis of legal effect of co-testament. The fourth part of the time of occurrence from the inheritance of the binding together the testator and the common failure of these three aspects of co-testament.Part V:Common Council should take note of co-testament, the common defects for a specific design made from the subject, object, form, content restrictions, co-testament to better improve the common system.