On The Exercise Of The Rescission Right About The Couple's Joint Wills

As a special expression of the will,together will break through the traditional inherent connotation and extension of his.At the same time,because of the lack of legislation on common wills regulation in our country,in theory and practice are the common wills disputed,the focus of controversy and often focus on common wills of cancellation right.When couples withdrawn together the will freedom and public law enforcement intervention at odds,with looking in legislation and theory of rarely mentioned in a timely manner,to dial the fog day,indexes of multifarious,with reference to relevant legislation and apply the method to balance the contradiction and conflict of the civil law explanation.Owing to this cause,this article to demonstrate couple will cancellation right for conversion,based on the joint will basic concept and characteristics of the right of revocation,cancellation right exercise time,way,reason and consequence in detail,such as false with case analysis,in order to deepening the cognition on theory and diligence to solve practice dual goal of disputes of the law.Specifically,this paper will be divided into four parts.The first part is the case.This paper,taking a v.he seeks a waiting testamentary succession dispute as an example,introduces the basic facts and one,the second instance court case message after different decisions,from both sides in the conflict of their expression of position clear differences in opinions,and general situation of the controversial focus of the case are as follows: one is seeks one to stand by with her husband together shall enjoy the right of revocation of the will? Second,if seeks,one is to the common wills shall enjoy the right of revocation of the exercise of the strategy of how to evaluate? In terms of the case,from assessing legal case,must to represented by the case of such cases involving special researches in legal issues,mainly involved in joint wills cancellation right,husband and wife common wills of cancellation right is the key word of legal theory.The second part is legal analysis of the related problem.Controversy with selected cases,and this part is divided into five pieces.The first is a small part of the couple common wills summary of cancellation right.Couple will cancellation right do cancellation right lateral comparison with general will,from the revocation of the main object,cancellation,revocation,cancellation time reason,cancellation for all-round,multi-angle five aspects discusses the basic characteristics of the cancellation right,husband and wife together will about cancellation right below discusses the couple will exercise time,way,reason and consequences to lay the solid foundation.The second part is discusses couple will exercise time cancellation right.Because for the cause of death will act,this part is divided into elements with time,analysis on both sides of husband and wife living together will with a surviving spouse is revocable two different stages,namely the "revocable stage" and "not arbitrary revocation stage" of related theoretical basis for carding are discussed and analyzed,especially the theory about joint wills in the "not any cancellation stage" irrevocable basic reason lies in the joint are discussed will dispose of the relevance analysis,to fully grasp the different stages of husband and wife together will any cancellation right and from the Angle couples how to exercise the cancellation procedures for below for a theoretical support.The third small Angle joint from the procedural law will exercise way of cancellation right.Mentioned in the viewpoint of the entity's different joint wills cancellation right related theory,to achieve the bidirectional dimensions from entity and procedure regulation of cancellation right,husband and wife together will there is a need to cancellation right from the Angle joint program will exercise the way.Through the analysis and review of the said to form a right for speaking,from the Angle of the right to form said couples jointly will cancellation right way more powerful argument,and analyze in different circumstances can be accessed by one side or both sides of husband and wife to choose the appropriate way of lawsuit and accusing the correct exercise of its cancellation right.The first four small part is on the premise of couple will not optional cancellation,a husband and wife common wills of cancellation right is exercised for full specification of cancellation right by the parties.The main content including intention mistakes,salvo conventions,husband and wife relationship,remarried,force majeure and accidents,the beneficiary from five aspects,such as improper conduct comprehensive specification of cancellation right,husband and wife together will completely follow the couple will dispose of the essential feature of relevance,thus for the cancellation right people exercise the cancellation right to give clear rules.The first five small part is discussed joint will exercise the consequences of cancellation right.Cancellation right above describes the couple will exercise of entity and procedure,the section in the viewpoint of utilitarianism cancellation right couple will exercise the consequences,the purpose is to demonstrate the couple will exercise of the right of revocation law rules,the couple will exercise right of revocation shall be taken into consideration which aspects of the social consequences,the stakes for the case,and will cause what kind of impact to social order,in order to evaluate the pros and cons of revocation right system or not,the couple will according to the evaluation results to consider joint wills revocation right system should be recognized and legal system to provide the reality basis for the next step.The third part is the analysis of the case and come to the conclusion.Through the legal problems of the disputes related to the case of the above comprehensive analysis,this part analyze the selected case again.Through the one,the second instance court ruling essence,combined with the case of two controversial focus comprehensive analysis,finally the handling of the case draw the conclusion: judgment reject the plaintiff's claims,support the first-instance judgment.The fourth part is epilogue,simple induction of the case study.In case,for guide,view and lack of regulation in legislation couple will exercise the right of revocation,for matching based on constructing harmonious family relationships and reasonable to solve disputes,shall be by modifying the "inheritance law" or a "detailed rules for the implementation inheritance law" to further perfect our legislation of marriage and family inheritance,for the solution of the joint will have offer direct reference basis,increase the judicial activism.