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Study On The Force Adeffect Of Electronic Will

Posted on:2019-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:J R DongFull Text:PDF
GTID:2416330545496710Subject:legal
Abstract/Summary:PDF Full Text Request
The appearance of electronic wills has a close connection with rapid development of Internet,which can be regarded as a product of rapid development of Internet.Users only need to write their own content of wills on websites and store in web wills safe deposit box,and then appoint other linkman,finally,relative websites will convey content of wills to appointed linkman after judging accurately about users'physical condition.As a new form of making wills,electronic wills still have a difference with traditional wills,which mainly lies in its carriers,the former is supported by Internet,compared to the latter,it's more advanced.On the other hand,electronic wills are more convenient and fast.Nowadays,people are more used to expressing thought and emotion on the Internet.The new pattern of electronic wills exactly collide with the living habit.What's more,electronic wills can provide a relatively private space,by which people can express their true feelings at ease and relaxation,thus making people face the unknown risks with a more positive and healthy state.These advantages make the new pattern of wills match with today's social trend of development.With the continuous development of network technology,the new pattern of wills are bound to be recognized and accepted by more people with promising future.However,the market has not been developed very mature without a relevant legal mechanism to restrain and manage.Whether it is legally enforceable is still a controversial problem.At the same time,there still need in-depth discussion and research.The paper takes electronic wills legal force as study subject,which can be divided into six parts.The first part is introduction,it mainly describes electronic wills briefly.The second part overviews and expounds concepts and features in details and makes a detail contrast to the two wills.The third part main discusses legal force theory and its recognition,which not only elaborate relative theory briefly,also research from two aspects of formal elements and substantial elements about the legal force recognition.The fourth part analyzes the legal force types and defects of electronic wills in juridical practice.This part was divided into two parts,the one analyzes and explains the legal force recognition situation in juridical practice with several specific cases,the other one mainly introduces present defects of electronic wills and analyzes the setbacks which contains the problem of authenticity,supervision and management system and information safety assurance.The fifth part talks about the conception of legal and enforceable use of electronic wills and gives some specific and practical advice.The last part is a summary of the whole paper,which extracts and sublimates the main points in it.
Keywords/Search Tags:electronic wills, legal force, network
PDF Full Text Request
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