Study On Legal Force Of Testaments

Along with the development of social and economic level in our country,people in to meet its own gradually has surplus food and clothing,and increasing the wealth,and with the enhancing awareness of freedom,the consciousness of people to freely dispose of their property,wills become an integral part of the people to dispose of property.At present our country the provisions of the succession law on testament part is mainly used for enacted in 1985 that "inheritance law" concerned regulation,but as time goes on,the lag of law will increasingly highlight,it is imperative to improve the content of the succession law of.This article mainly through to the last will and testament effectiveness study,found that will force system in our country,the problems of comparative international legislative cases,combined with China’s national conditions and the analysis of the civil law system in our country and perfect the system of will effect in our country.Article mainly divides into four parts,the first part of playing for a will overview,first of all,analyses the source of effectiveness and direction effectiveness research,determine the will effect from the probative value,and then based on the effect of the form to type and direction relations,analysis and research will form to type will effect the function and meaning,clear will form to type aims to protect the testator,said freedom is too high to type or with only a form to type is not in conformity with the requirements on the effectiveness of the negative will have put the cart before the horse.And to provide the theoretical basis for the improvement of the probate system of our country by the origin of the will and the relationship between the form of the will and the validity of the will.The second part for the will of foreign legislative cases research,mainly in Germany,Britain and the United States in a will effect on the system comparison research,the combination of various forms will effect in the embodiment of the national legal system and China’s national conditions,give each country on the legislative model of the positive and negative two aspects of evaluation;The third part of the work for our country will present situation analysis,by the provisions of the succession law in part a will introduce to our country,found in the wills effective system in China:the effectiveness of the notarial will is too high,the effectiveness of the generation of the testator is low,the new testament has no legal force,special circumstances will not meet all the situation and other issues;The fourth part is to perfect our wills effectiveness system,through the above research and analysis,clear notarial will should has equal effect with other types of the will,the testator should be abolished generation forms,within a certain range to admit the validity of the new testament,perfect special circumstances will type,etc.