The Research On Testamentary Capacity

After the implementation of the General principles of Civil Law in October 1st 2017,the Civil Code is also in the process of compilation.And the succession law as a part of the Civil Code is also in the process of being codified.With the progress and development of the society,the increase of people’s property and the enhancement of their legal consciousness,There are more and more cases in which one deals with one’s property by will.However,whether the testator has the capacity to make a will at the time of making a will affects whether the will can be executed.In reality,there are quite a few cases of invalidation of wills due to lack of will-capacity.According to big data’s report issued by the Marriage and Family lawyers team of Beijing Law firm,among the reasons for the invalidation of wills and 17% of those that were ruled invalid because they were not able to make a will。In addition to the introduction and conclusion,this paper consists of five parts:The first part is to introduce the question.Through the introduction of the case,this paper leads to the relevant problems of the testamentary capacity system,including what is the testamentary capacity,what are the provisions for the testamentary capacity system in our country;the relationship between testamentary capacity and civil capacity;the relationship between testamentary capacity and testamentary effect;what are the factors to determine the testamentary capacity of a natural person;and the significance of the study on testamentary capacity.The second part is to define the concept of testamentary capacity,in order to study the testamentary capacity system,we should firstly understand what is testamentary capacity.The concept of testamentary capacity is defined in the theoretical in country.It focuses on the analysis of the relationship between testamentary capacity and civil capacity in academic areas,the relationship between testamentary capacity and testamentary effect,and the author’s comments on different viewpoints.The third part analyzes the necessity of studying the testamentary capacity system from three aspects: better respect for the will autonomy of testator,better testamentary succession system and better resolution of testamentary disputes.Part fourth analyzes the factors that need to be taken into account in the determination of testamentary capacity.It expounds the factors of determination of testamentary capacity in Chinese legislation and extraterritorial legislation,mainly from the testator’s age.Three factors are analyzed,ages,mental state and time to determine testamentary ability.Different viewpoints in academic areas are introduced.Finally,there are the analysis and evaluation about Chinese and extraterritorial legislation status.Besides different viewpoints of academia are carried out,which aims to help our country to make the groundwork of the testamentary capacity system of legislationThe fifth part,after the analysis of the testamentary capacity system,this paper put forward legislative suggestions to improve the testamentary capacity in China.After summarizing the above contents,some suggestions on how to perfect the system of testamentary capacity in China are put forward from the following aspects: extend a time limit of the testator’s age conditions,the mental condition of testamentary capacity,and the time condition of testamentary capacity.