On The Common Testament

With the development of economy and society,"the law of succession" seems "short ofambition" to the adjustment of inheritance, so it is imperative to improve " the law ofsuccession”.Among the law of succession, the "common will" system is one of the focusdisputes.In this thesis, based on the related legislation of foreign joint will systems,comparative analysis of different opinions about the joint will system in academic circles ofour country, in-depth analysis of the basic theory of common will system,and based on theneed of practice in our country, our country should admit and legislate the common will ofhusband and wife system. Through the analysis of relevant knowledge, this thesis putsforward the concrete design of our common will system,so as to attract jade.This thesis focuses on the application, in addition to the introduction, this thesis isdivided into five parts.First, put forward the problems. This part introduces and analyses two typical cases ofcommon will, and puts forward several problems of the author.Second, the definition of common will. this part researches on the basic theory of thecommon will, introduces different view on the concept and classification of common willfrom different scholars and the author’s own opinion; Besides, this part analyses thedifference between common will and testament, and introduces the common will’s owncharacteristics.Third, the introduction and analysis of the relevant legislative cases of common willsystem. This part introduces the different legislations about the common will all over theworld, and analyzes the reasons that they hold different opinions, in order to give somereferences to establish the common will system in our country.Fourth, the introduction and analysis about view of the common will system from theacademic circle of our country. This part introduces the different theories for Chinese scholarsabout common will system and the reason they advocate these opinions; and have some analysis about different theories and the reason.Fifth, the construction of the common will system. This part summarizes the above fourparts, analyses the necessity to establish the common will of our country from the theory andpractice, and puts forward specific designs to establish the common will system.