The Judicial Dilemma Of Common Testament And Its Outlet

As one of the inheritance modes in the law of succession in our country,testamentary succession,which is corresponding to statutory succession,is an important part in the law of succession,and it also has an important legal status in the succession system.With the continuous development of social life,The number of citizens' property is increasing,and the consciousness of property rights is obviously enhanced.More and more common testament have appeared in the practice,but the common testament is not legislated clearly in our country,which causes the situation that the not only the understanding of judicial but also the Applicable standards of the law are different.Often there will be the same case of different referee results appear.Theorists are also divergent views.However,there is no doubt that with the extensive use of the common testament by people,the common testament become more and more important legal issue which need to be regulated by law urgently so as to provide guidance for the practical operation.Therefore,this article is from the objective reality of the situation,from the start of the court on the common Testament dispute case review,investigated and comments on the common will of the basic theory and the domestic and foreign related legislation,and listen to the views of the parties in the case,put forward the legal countermeasures and legislative suggestions for China when the referee will face common disputes predicament,in order to perfect the relevant testamentary succession theory,for the judge to resolve such cases provide some opinions and suggestions of their own.Structurally,this paper is divided into four parts:The first part is the problem.In this part,through the analysis of the typical cases of common wills disputes in the courts in recent years,this paper brings forward some main problems to be discussed in this paper.Among them,nature,common will effect time,change and cancellation and will change the subject matter will execution issues in judicial practice is not unified judgment standard leads to the co different sentence often appear,this part proposed to solve this problem.The second part is the legal analysis part.This part is the common will the full text of the key content in this part I need to solve the problems from the legal theory in-depth analysis,put forward their views based on the analysis of scholars' viewpoints,this part has a guiding role in the text.The third part is on the basis of the first two parts of the law of the decision of the dilemma of the common Testament succession disputes.From the point of view of a judge,the author puts forward the contents of the examination and the legal application of the relevant cases in the trial.The fourth part is a conclusion,briefly summarizing all the arguments of this thesis and about the legislative proposals of our common will system.It is suggested that our country should establish the system of common wills in legislation.