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A Comparative Study Of Testamentary Witness

Posted on:2013-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q YangFull Text:PDF
GTID:2246330395988770Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The system of wills witness is an indispensable system in the Law of Succession.According to China’s Law of Succession, there should be at least two qualified witness toensure the truth and legality of the wills on behalf of the testator, oral wills, and recordedwills. But their content is usually too simple to meet the needs in judicial practice. In recentyears, there are many wills confirmed as invalid due to the unqualified witness or the defectof the process. In these cases, the testators’ property couldn’t be allocated according to theirtrue wish. The thesis compares and analyzes the system of wills witness of main countries andregion. From this point of view, it demonstrates the inadequacies of China’s system of willswitness in Law of Succession, and puts forward some proposal. Excepting the introductionand conclusion, there are five parts in the thesis:First part: the outline of wills witness and the person as witness. The thesis puts forwardthese two concepts and demonstrates the former’s effect. It believes the importance of willswitness for the setting up and execution of wills. The research and improvement of the systemis very necessary in China.Second part: the comparison of the wills witness system. The thesis compares andanalyzes the differences and similarities of the system in main countries and regions. Thethesis thinks we can learn something from other countries and regions’ act and cases.Third part: the overview and analysis of the wills witness in China’s mainland. Thethesis introduces wills witness system in ancient time. It analyzes the witness system in Lawof Succession, and summarizes its inadequacies. The scarcity of law cannot adapt the practicalneeds. The system of wills witness should be completed as soon as possible.Fourth part: the improvement of China’s wills witness system. The thesis puts forwardproposal by analyzing the qualification of the witness and its influence to the wills’effectiveness, the rule of process, and the requirement of wills in different form. The thesisalso discusses the wills written by lawyers, and demonstrates its responsibility and problem.
Keywords/Search Tags:wills witness, the person as witness, the qualification of witness, the ruleof wills witness, the effectiveness of wills
PDF Full Text Request
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