Study On The Legal Problems Of Common Wills

The law of Succession was promulgated on October 1,1985,and the law has played an inestimable role in the adjustment of legal relations since the date of promulgation.But now,with the rapid development of economy and society,the inheritance law has not been revised for more than 30 years,and it cannot fully adapt to the economic life of our country.For example,in our country “inheritance law” and “general principles of the civil law” is not the common will make clear a regulation,both in real life partner through enter common wills of disposal of the property is more and more,the common wills of case number is also increasing rapidly.Many judicial officials,scholars,the article published in the debate about common wills never stops,the entity law and regulation,in theory,and there is a big schools of thought contend that makes the judge in the judicial practice,or other staff to grasp different criteria: whether our country should admit the common wills;If so,what form is effective;What conditions will take effect;What is the regulation of change and cancellation? In order to avoid the judicial confusion and the reduction of the credibility of the law caused by the disposal of unjust laws,the common will system should be determined.Both theory and practice now require legislation for a common will,but there are certain restrictions.First of all,the basic spirit of civil law is freedom,which is embodied in the inheritance law,which is the freedom of will,and the common will does not violate this spirit,so it can affirm the common will system.Secondly,according to the tradition of common property of our family,the common property of husband and wife shall not be divided,and the husband and wife shall have the material basis for making wills together.Therefore,the subject should be confined to the husband and wife,but the object must include the personal property and the husband and wife's common property due to the disposal of the inheritance.Again,considering the mutual wills in the actual operation of complexity and wills authenticity is difficult to determine the difficulties in the practice,so the common wills in form shall be qualified in the book wills and notarial will under the two forms.Finally,the common will needs to be specifically analyzed in terms of the effectiveness and invalidation,change and revocation,because of the specific types of wills involved.At present,the codification of the Civil code has been in full play,and the voice of special legislation for the common will has become more and more popular.In order to adapt to the needs of economic development,will together as an indispensable legal system in urgent need of the above problem is to conduct a comprehensive and detailed study in theory,as far as possible to reach a consensus in theory,and finally in the future civil code or "inheritance law" in the form of law for sure,only in this way can steady and fast to indicate the direction of the judicial practice.