| Our country<inheritance law> based on respect for the citizen property rights set a testamentary succession system. Different from the statutory succession, testamentary succession by valid wills for certificates, here will be heir was concluded, as its property allocation on the basis of a kind of existence after death. Testamentary succession fully respect the wishes of the testator, the effect on the priority to the battery.The inheritance law of present Chinese law was drawn up in 1985, due to the particular time background, the provisions of the legislation of testamentary succession system just principle. With the development of economy and science and technology, the principle of regulation exposed a lot of disadvantages. Form first, five will have specific procedures can be the basis, for the cause of the dispute and no specific solutions for operation, even some disputes can only be based on the principles of civil law to deal with; Then, the rules of the ability of a testator will also not comprehensive, there is no clear regulation body whether defective adults have testamentary capacity, the testator age limit and some strict, testamentary capacity caused disputes in practice is also not provided specific solutions. Accordingly, it is imperative to perfect our country <inheritance law>.In this paper, in the first part of the country’s testamentary succession do the related overview, is the theory of the status quo of our country’s testamentary succession. Then in the second part through two groups of cases about testamentary succession in our country under the practices. The third part lists the legislation Germany, France, the United States, Britain, list the content is related to the problems in practice in our country, as a complete reference testamentary succession system in China. The fourth part, that is, in this paper, the key part, on the basis of combining with the former three parts put forward the Suggestions of perfecting our country’s testamentary succession. |
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