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Analysis Of The Effectiveness Of A Printed Will

Posted on:2020-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:K LiuFull Text:PDF
GTID:2416330572976739Subject:Law
Abstract/Summary:PDF Full Text Request
On March 15,2017,General principles of civil law,adopted at the fifth session of the 12 th National People's Congress of China,will take effect from October 1,2017.This lays a foundation for the successful formulation and implementation of the civil code and guides its effective implementation.The successful completion of the general provisions of the civil code and the sub-divisions of the civil code are also included in the agenda.It is expected that the code will be completed smoothly in 2020,and will become the first code reflecting the characteristics of The Times in Chinese history.The civil code focuses on the protection of citizens' private rights and the protection of citizens' legitimate rights and interests,while the inheritance law pays more attention to the protection of personal property interests and legal inheritance,and it is the general trend to become an important part of the civil code.Since the implementation of inheritance law till now,the object and scope of its adjustment are limited,and its content is lagging behind,which is difficult to apply to the development of society and the needs of the public.At the same time,with the continuous update of science and technology,the iterative innovation of electronic products,a variety of new will constantly appear,especially the wide application of printed will,but our country's inheritance law has no provisions on this.Printing will brings challenge to the current law and affects its nature.In this case,combined with the current situation of our country,only to recognize the legal form of the will to print,print the validity of the will,put forward solutions,so that it has operable norms,to adapt to social development.First of all,this case is based on the background of real cases,compares the different judgments made by different courts on the effectiveness of the same type of printed will,and summarizes the focus of dispute.Secondly,from the perspective of the focus of dispute,this paper analyzes the legal form and substance of printed will by combining theoretical knowledge.Thirdly,we focus on the main analysis of the effectiveness to analyze the effectiveness of the printed will,we can adhere to the principle of the basis.From the substantive requirements,formal requirements of the two points of view to analyze the effective requirements of the printed will.Finally,the validity of the will should be determined based on the principle of authenticity and respected for the will of the testator,and the defects in the legal form of the will should be allowed to be corrected by other evidence.Put forward legislative Suggestions on the amendment of inheritance law of our country.
Keywords/Search Tags:print will, substantial elements, form elements, legislative proposal
PDF Full Text Request
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