Study On The Legal Issues Of Common Wills

Succession law since the implementation of our country,the economic development and social stability made a prominent contribution to our country since.reform and opening up,the rapid development of economy,swelling of wealth,the growth of awareness of the law of the people,by the will dispose of his property in the context of social traditions,will become the most people choice but will together and not provided in the inheritance law,therefore,the phenomenon of different convicted in a court case of connection with the process,have occurred In the theoretical circle,there are also a lot of disputes about the issue of common will.As more and more people choose common will and the lack of common will in legislation,the contradiction will become more and more fierce.Therefore,the analysis and discussion on it will contribute to the improvement of legislation in China.This paper consists of introduction text and the epilogue,the text is divided into three parts:The first part of the common wills system are introduced,the basic meaning and characteristics of the concept foundation for below understand mutual wills secondly introduces common wills of different legislative cases,in order to obtain useful experience from foreign legislation which has admitted that the effect of the mutual wills,such as French Japan Russia does not recognize the common wills for countries such as Germany,Austria South Korea.The second part is through the online search in China,the written judgment and arrange on a common wills of related cases,analysis the common wills nearly a decade the number of cases of change,jointly enter into a relationship as well as the will of the cases focus problems,found that couples common case will continue to increase each year,more and more couples choose common wills to dispose of his property,but in the process of contract will appear together the effect problem of the will,change and revocation problem,the effect of the will a matter of time together Therefore,eight cases are selected from many cases to analyze the above problems.These cases all have the phenomenon of di.fferent judgments for the same case.The root,cause is that in judicial practice,the common will system cannot be relied on,and there is a gap in China' s legislation.So the third part is the Suggestions to consummate the suggestion for the problem of conimon tes tamentary case can' t nega'te the effect,of course,the first joint will conclude the main body,object,form and the existence of invalid,review and then determine in common on the problem of the change and cancellation of the will,after the death of a party the other party to change or cancellation of behavior should not be effective,of course,particular case is particular analysis on the effect of the will together a matter of time,to be based oin common will subject the plural sex characteristics,points of discussion.To sum up,the conclusion of a joint will is a choice made by the husband and wife after weighing the advantages and disadvantages.Since the conclusion involves multiple interests,all parties are responsible for their own behaviors.Therefore,there should be strict restrictions on the change and cancellation of the will,so as to give full play to its function of stabilizing the family.