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Study On The Application Of Interpretation Rules

Posted on:2015-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:X X WangFull Text:PDF
GTID:2296330428484807Subject:Law
Abstract/Summary:PDF Full Text Request
Civil juristic act refers to the citizen or legal person to establish^change,terminate the civil rights and obligations of the legal behavior; it is mainlyaccording to the content of the behavior person intention takes legal effect.However, because of various subjective and objective reasons, the offender’sintentions otfen appear ambiguity even is blank, and then is needed to explainthe legal behavior through intention. Will as a legal act, also need to explain, butcompared with the interpretation of contract, interpretation of will in our country.has not been paid enough attention to, in the papers or books on its also just allover. As a result of the testator has their own cultural level, to understand theattitude of the different things, the constraints of legal awareness and otherfactors, will people to use when a will made in language expression are accurateenough. Combining with the condition of our country special factors, such as thecultural differences, control population flow around the rfequent exchanges ofmany kinds of factors, the true meaning sometimes expression but not accurateexpression, so it seems, we will explain the problem it is necessary to beconsidered. In judicial practice, we need to according to the actual conditions and the rule of law will conclude to explain the will. But our country "law ofsuccession" in the interpretation of will not give clear rules; there is an urgentneed for us to study the basic rule of interpretation of a will.Firstly, this article embarks rfom the testamentary case together, will explainthe importance of is put forward. Secondly, the summary will explain themeaning, characteristics. According to the will explain the goal, the authorthinks that will explain should give priority to with subjective interpretationrules, and explained the contents of the rule of subjective wills are summarizedand summed up. Finally, in accordance with the judicial tradition of China,analysis the important meaning of our country will explain existing, analyzedour country will explain the situation.
Keywords/Search Tags:interpretation of a will, the interpretation of the rules, applicable, necessity
PDF Full Text Request
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