On The Common Testament

Inheritance Law in our country play an important role in the social and economiclife since it became effective on October1,1985, As one of the inheritance modes inthe Inheritance law, testamentary succession, which is corresponding to statutorysuccession, has an important legal status in the succession system. With thecontinuous development of social and economic life，more and more material wealthand people’s growing legal awareness make it the first choice to deal with their ownproperty,many people tend to use common testament because of the long-termtraditions of our society.Because the common testament is not legislated clearly in ourinheritance law,there may be different judgments in a same case,and there are alsodifferent views in theorist circles and countrys all over the world.The contradictionbetween growing common testaments and the absence of legislation will graduallybecome a prominent problem,so it’snecessary to discuss and analysis this question.This article focuses on its application. From the two cases about the commontestament, the article discusses the focus of contradiction about the common testament.Firstly it elaborates the basic theory of the common testament. Secondly discusses andanalysis the effectiveness of the common testament and the issues of its changes andrevocation. Lastly it considers comprehensively our country’s national conditions、social tradition、existing legislation, it offers the consideration about the existence andabolition of the common testament, and looks forward to offer some help to solve therelative cases about the common testament and complete china’s system ofinheritance succession. The article is divided by four parts:PartⅠ: Put forward the issues. Through the two cases about the commontestament, the article not only presents the relative of the common testament andsocial life and the necessary and urgency of solving the issues, but also leads to theissues of its changes and revocation. It is favor to have a new understanding on somany issues of the common testament, and complete in theory and in practice.PartⅡ: The basic theory research of the common testament. Firstly, this partintroduces the conception of the common testament, and by the typical cases it settlesthe common testament; secondly, it elaborates on the different views of differentscholars on the legal features of the common testament, and has a conclusion of thelegal features in order to classify in the content and form. PartⅢ: The research of the common testament. This part analysis theeffectiveness of the common testament and the issues of its changes and revocation,including the contrast of the civil law on the common testament all the world、theanalysis of the reason why incurs a huge difference、the discussion on different viewsof our country’s jurisprudence on this issue and the existing difference. Thisdiscussion above in this part is for the purpose of obtaining the proposal aboutwhether our country should recognize the effectiveness of the common testament.PartⅤ: The consideration on the existing and abolishing of the commontestament. In the first, this part discusses the necessary of the common testament’sexisting combining with our country’s social background、cultural tradition and thereform of history in order to the significance of completing the system of intestatesuccession; in the second, this part sets the proposal on completing the commontestament.