Study On The Cognizance Of The Effectiveness Of Joint Testament

Under the call of the times,the social material wealth has become increasingly rich,the living standard of citizens is improving,the economy is developing,and the concept of property and the family model are also changing.With the promotion of the rule of law culture,people’s awareness of rights protection has obviously increased,and all kinds of changes have exerted a noticeable influence on China’s inheritance relations from different angles.However,China’s "Inheritance Law",which has remained unchanged for several years,can no longer conform to the current development of China’s economy and society.In view of the large number of disputes over joint wills in Practicing Life,the opinions of judicial officials,scholars in the academic circle and public opinion on issues related to such wills are quite different.Judges often have great troubles when dealing with similar cases due to their inability to abide by laws.At the same time,based on the long history of our traditional culture,such as the so-called "filial piety culture","filial piety,the meaning of heaven and earth","first filial piety,second letter",etc.All of them emphasized that in solving such problems,we should properly combine our country’s national conditions and traditional practices,measure the relevant issues related to the distribution of specific interests in wills,and thus make a fair and reasonable judgment in combination with laws and regulations.However,the law has not stipulated the issue of joint wills,which has not attracted enough attention.Different judges cannot accurately grasp a series of issues,such as the positioning,revocation and modification of a common will.Sometimes there will be different or even diametrically opposite treatment results for the same kind of cases,which will have a significant impact on the vital interests of the parties,at the same time,it will undoubtedly reduce the credibility of our country’s judiciary and destroy the judicial environment.In order to fill the gaps in our country’s legislation,get out of the difficulties brought about by the common will in Practicing Life,and keep up with the pace of the times at the same time,a comprehensive and comprehensive study of the relevant issues of the common will is imminent and cannot be withdrawn.It should be incorporated into authoritative legal documents to guide China’s judicial practice,point out the way out and create a good legal environment.This article is mainly divided into four parts.The first part is mainly through the analysis of typical cases of joint wills in judicial practice,to make a comprehensive analysis and integrate the controversial points caused by the cases.The second part elaborates the legal principle of the common will,mainly including the concept,types and characteristics of the common will.In addition,this paper analyzes the theoretical disputes in the academic circlesof our country.The third part lists the legislative status of the countries in the world on issues related to common wills,and classifies and summarizes them.The fourth part explains the necessity of regulating joint wills in legislation,so as to put forward targeted and feasible legislative suggestions on the construction of joint wills validity rules suitable for China’s national conditions in view of the aforementioned controversial issues.