Construction Of The Common Will System In China

Testamentary succession and statutory succession belong to the form of inheritance which are an important part of the inheritance law in China,they play an important role in our country's property inheritance system.Along with the rapid development of social and economic life in our country,the people's social wealth increases gradually,more and more people choose to dispose of his property by the way of wills.Family life in China is given priority to with marital property owned,so a lot of couples for joint property disposition chose to enter into a common will,but our country "inheritance law" in present doesn't make a clear regulation of this inheritance form,when the common wills inheritance disputes litigation to the court,the judge often not have this kind of case referee standard,therefore in the same types of cases will appear different judgments in the trial,legislation cause could not be in accordance with the increasing cases of common testamentary succession gradually become prominent contradictions.In the current inheritance law of our country more than 30 years since it took effect will be modified,at the very time when our country is developing the civil code,with a common will of discussion and analysis is very necessary.In this paper,the contents of the structure,can be divided into the following four parts:The first part is the introduction section.Will jointly by two typical cases,lead to this article to discuss the issues related to common wills.Starting from the practice case analysis,also can find more common wills system problems in our country's practice,and make a found of the construction of common wills in this system improvement.The second part is the theory of the common will.This part mainly elaborates the concept and classification of common will,the focus of this section of our country at present the theoretical circle with a common wills valid attitude,on the basis of the theory point of view put forward the author's point of view,and shall be analyze the necessity and feasibility of limitation to our country common wills system.The third part is the common wills legislation judicial status and the outside method using for reference.This part of the research at present,the common wills in the legislative and judicial status quo,analysis of our country current common problems existing in the legislation and judicial practice,and admits that common wills of relevant national laws and regulations,in order to get some reference.The fourth part is mainly from the applicable scope,main body and property together will form and content,alteration and cancellation,and invalidate and common will of execution and so on,improving suggestions of concrete building common wills system in China.