The Research On The Legal System Of The Joint Testament

Today’s people are using testaments to deal with a wide range of wealth accumulation extensively and increasingly, so there is an urgent need for the detailed, concrete and deepening legal rules in the field of the testamentary succession. As an important way of the testamentary succession, the joint testaments more and more appear in the folks, but in the area of the joint testaments, the law is very pale, so that the academic community haves a variety of doctrines, and the courts’ identifying also varies. The author believes that China needs to establish a sound legal system of the joint testaments urgently, in order to meet the needs of our social life.This article is divided into the following four parts:The first part is an overview of the joint testaments. The author interprets an overview of the joint testaments by exploring the definition of the joint testaments, the classification of the joint testaments, the nature of the joint testaments, and by contrasting the joint testaments and the ordinary testaments, the joint testaments and the inheritance contracts. The author hopes to understand the joint testaments more accurately.The second part is the analysis of the legislation of the system of the foreign joint testaments. This article describes the recognizing cases like the German, the American and the British legislation and the denying cases. The author gives the corresponding conclusions and enlightenment by comparing these cases. The author believes that China should be adapted to the need of the globalization and learn from the German, the American and the British law to give the legal recognition for the effectiveness of the joint testaments.The third part is the legislation and the controversy in the theoretical circles over the joint testaments. This part outlines the barren present situation on the joint testaments and gives the different doctrines in the theoretical circles over the effectiveness of the joint testaments. On the basis of the comparative analysis, the doctrinal grounds and the support of the cases, the author believes that China should be recognized that the effectiveness of the joint testaments. The fourth part is the idea of the legal system of the joint testaments. The author gives the legislative proposals for the legal system of the joint testaments through expounding the basic components of the joint testaments, the conditions for the establishment of the joint testaments, the entry into force, the invalidation and the frustration of the joint testaments, the change and the cancellation of the joint testaments.