A Study On The Effect Of The Joint Will

This paper focuses on the common wills of husband and wife,on the basis of its theoretical analysis,combined with the current status of judicial practice pointed out that the current common covenant cases of controversy focus mainly on the common nature of the couple is not clear,the form is difficult to determine the effective time is uncertain As well as in the world to change,revoke the effect of the common wills that the standard does not affect the determination of the validity of the will.These problems because of the lack of legislation on the provisions of the judicial practice there is no uniform standard,resulting in "case of similar case" situation is not conducive to maintaining the stability of our judiciary.This paper analyzes the 168 cases of common testimony of husband and wife,and puts forward the legislative suggestions and judicial suggestions on the validity of the common wills.First of all,draws on the provisions of the German Civil Code,at the legislative level to recognize the validity of the common will made by couples with legal marriages,and to define the scope,content and form of the object,to clarify the effective establishment of the elements;The final criteria for the determination of the time of entry into force will allow the parties to change or revise the common testimony of the husband and wife in special circumstances and provide a uniform trial for judicial practice.Finally,it is stated that,in addition to the case of statutory failure,Three people before the death of the testator and other special circumstances,the couple will not lose the effectiveness of the will.This paper starts from the legislation and the judicial establishment of the husband and wife common will system,with a view to the "inheritance law" to improve the improvement and help.