On The Legal Nature And Effective Elements Of The Couple’s Joint Wills

In recent years, the phenomenon of wills between husband and wife entered into by a common way to dispose of personal and jointly owned property is increasing, thus triggering the dispute are endless. The fuzzy attitude of legislation and theorists caused confusion judicial seriously affected the fairness and justice of the law. At present, the revision of the law of succession is in full swing, the couple jointly wills legislation is increasing. This paper argues that the couple’s joint wills do not meet the basic properties of a unilateral legal act under the existing legal system of succession and wills in the form of statutory requirements and therefore can not naturally produce legal effects wills, should clarify the legal nature of the couple’s joint wills. Instead, it displays many of the legal characteristics of the formal requirements and substantive requirements which meet the contract, should belong to the scope of the contract. As regarding inheritance contract legal instruments, but need to get on the effectiveness of the law of succession, inheritance can emulate foreign contract system. Inheritance contract also CONTRACT, but not adjust contract law, but is written to the law of succession, by adjusting the Law of Succession. The couple together in the future wills legislation, the paper recommends: Effective jointly wills, in the form required to meet the requirements of the contract entered into force, shall apply to take effect on the content elements of wills.