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The Research On The Legal System Of Our Country Wills Form

Posted on:2013-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:Q TaoFull Text:PDF
GTID:2246330395455127Subject:Law
Abstract/Summary:PDF Full Text Request
This paper will form to perfection of the legislation of the system as the research objective, first of all to our country will form legislative defects existing in the system are analyzed, and combining the continental law system and Anglo-American law system about the main countries will form system related to the content comparative study, puts forward the system will form the specific legislation idea.The full text is divided into an introduction, body and conclusion of three parts, about20,000words. The introduction presents the background and meaning of choosing. The body is composed of three parts:First, China’s current law on testament of the provisions of the form. According to our country "inheritance law" regulation, our country will legal forms including notarial will, from the testator, on behalf of the testator, recording the will and oral will five, including the validity of the notarial will is the highest.Second, China’s current law on testament form of legislation deficiencies and practical defects. Our country will although various forms, with a high degree of flexibility, this characteristic is convenient citizens using testamentary disposition own property. But our country will form rules simple and general, the maneuverability is not strong, easy to lead to a large number of disputes will appear, and can not meet the requirements of the development of reality. Therefore, need from the legislation on further consummates our country will form system.Third, consummates our country will form the system of legislative Suggestions. We can draw lessons from western countries useful legislation experience, and combining the actual situation of our country, we need to start from the legislation to define and appropriate to expand will form; A further refinement of ordinary testamentary procedures and form requirements, including the testator must personally print and autograph by oneself from the book will, on behalf of the testator should have at least three or more witnesses, recording the will to audio and video will, and define the operating condition and procedures, add seal will form, the electronic will set up procedures and legal effect to make refining regulations; For special will (i.e. oral wills) was established in the elements to make more strict rules; Perfect notary wills and will witness the relevant provisions; Moderate ease will form the rules strictly respect such as the gender to further perfect our country will form system, reduce because of the defects of will form a family conflicts and social contradictions, so as to promote the family and social harmony.Conclusion summarizes the main point of this article.
Keywords/Search Tags:wills form, ordinary wills, special wills, legislative proposals
PDF Full Text Request
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