The Discussion Of The Reservation Or Abolishment Of Notary Testament And It's Prior Effection

As one of the forms of wills, notary testament gradually been widely adopted as their own property and related matters in the form of arrangements. When the conflict between the legal effect of notary testament and other forms of wills, for their effectiveness, see each academic different views, domestic legislation of attitude are also different. By extraterritorial system will be explored, as well as China's national conditions combined factors on people accustomed to intestacy, etc. This paper argues that in order to give the notarial will prevail is not consistent with the reality of today's world inheritance practices and legislative trends regarding wills System. Based on this, China's current succession system should be modified.Besides the introduction and conclusion.The text is divided into four parts:The first part: the cases for study. This part mainly through the two typical cases are analyzed by the results of the trial raises the need to explore the issue, then gives analysis of notarial wills than other forms will have effect in the priority of practice is consistent with the reality of inheritance practice and people inherit habits, to draw out the following in theory and Practice on the issue of.The second part: the consideration of different theories and analysis a notarial will priority. This part on the basis of a related theory and to analyze the main theoretical controversy about giving priority probate practice is reasonable, mainly to the present academic denial and say that the viewpoint of comparative study.The third part: the review and comment of the foreign notarial will priority legislation. This part aims at combination of foreign countries or regions on the notarial will effect the legislation of analysis, to explore the world of probate legislation trend, as the inheritance law of our country changes especially certain enlightenment to provide perfect testamentary succession system and reference.The fourth part: the current legislation status and perfection of notarial wills priority. This part is the basis of the analysis of the legislative situation about the notarial Testament potency priority in China's current law of succession, discover the existing problems in legislation of our country inheritance. And according to the situation of our country, people on the succession and abroad will the trend of legislation and other considerations, to improve or modify existing legislation concerning notarial Testament potency priority to put forward some legislative suggestions.