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Study On The Validity Of The Notarization Testament

Posted on:2016-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z S ChenFull Text:PDF
GTID:2296330503451254Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In social economic activities frequently today, notarization with its credibility, to prove the legal significance of the event, the behavior and the authenticity of the document, the legality of the prevention and resolution of conflicts, reduce litigation and maintain fairness and justice, and so play an important role. The notary will have a statutory priority in the form of a will. But in practice, the law and the relevant rules of the law of the notary will be too general, notary will in the revocation procedures, the implementation of efficiency and credibility of the problem still exists. It is difficult to reflect the priority of the notary Testament, and the problem of its existence is more widely debated in the legal field. In this paper, we try to make a theoretical research on the effectiveness of the notary Testament, and analyze the existing problems in practice, and then put forward suggestions to improve the system of the priority of the priority of the system. The full text is divided into three parts, the brief content is as follows:The first part of this paper describes the current law on the validity of the provisions of the order of the will. Through the analysis of typical cases, the puzzle of the effectiveness of the notary will in practice is pointed out. Followed by the focus of the case of the legal community to extend the validity of the notary will give priority to the abolition of the dispute.The second part is the general analysis of the effectiveness of the notary wills. First of all, to clarify the law to give priority to the effectiveness of the legal support attitude. Followed by the value of law, legal authority, the establishment of the system, the Chinese tradition and the ideal pursuit and foreign legislative trends and other aspects of the proposed establishment of the priority of the priority of the will have five points.The third part is the suggestion of improving the priority of the will. In view of the difficulty in the practice of the legalization of will, this paper use the advanced experience from foreign countries to study and research the two aspects of national legislation support and public trust reconstruction, and put forward some feasible suggestions.
Keywords/Search Tags:Notary Testament, Priority effect, Binding force, Defective, Check
PDF Full Text Request
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