To Discussion Notary Testament And It’s Effect Of Law

Inheritance law of wills is a natural life made before the disposition of propertyand related services arrangements and death occurred after the effectiveness of civilbehavior. Because of its full respect for the will to be the heir of will, in accordancewith was the successor of the freely disposed behind the property and became thecurrent civil sanctions personal property and related matters and effective way.Current, according to the" law" the relevant provisions, citizens can take will formsinclude: oral wills, since the book will, recording wills, allograph Testament andnotary Testament five forms. From the analysis we can see that the relevant laws andregulations, the notary Testament has the effectiveness of priority.A notarial will have precedence effect is obviously due to its unique nature of thedecision. From the establishment of a notarial will need to meet, in addition to a set ofrequired conditions also has its unique legal characteristic namely the notary publicnotary procedures were established by specialized. At the same time, it takes effect,change and cancellation procedure, a notarial will also have more strict proceduresand requirements of situation, which to a large extent to ensure that the notaryTestament and other forms of wills compared to more authenticity and credibility, ithas the priority validity is reasonable.But from another perspective, the notary testament of the precedence effectobviously inheritance law and the objective existence certain incompatibility, whilelargely against the will freedom principle, limit will make people change and cancellation of his rights, is obviously not conducive to the protection of thelegitimate rights and interests; but in the concrete in judicial practice, the notaryTestament will often be as common forms of wills to treat, which apparently deniedthe notary testament should have the role ofA notarial will own characteristic, change and cancellation procedure as well asits security procedures to determine that the notary Testament, avoid the heir in hislegitimacy and authenticity of disputes has positive significance. Our country promotenational unity notary Testament record query system the necessity, importance andrelated conditions have been met, promote the building of related mechanism is ripe.In this context, fully learn from foreign countries, actively promoting China’s nationalnotary Testament record query system, promote" Inheritance Law"," probate rules"and other relevant legal provisions of procedure and entity combining clearly has apositive significance. Especially this system and system construction, be sure to driveour country notary Testament effect into full play, to promote the social stability,implementation has important significance to settle disputes.