On The Interpretation Of Wills

The same as other manifestations,the will uses the language as its carrier.But the language is not the thought itself.Due to the special language habits of the testator and the diachronic nature of the language,different interpreters would have different perceptions of the content of the will.When a dispute arises,the judge needs to explain the will to settle the dispute.Compared with the interpretation of contract,the legislation and theoretical researchers in China have not paid enough attention to that of will,which leads to some problems in judicial practice.In addition to the introduction,this article is divided into five parts.The first part is to raise the question of this article.The content of this part begins with a case of Kuluus in ancient Rome,and puts forward the core issue of the interpretation of the will to explain the goal from the objectivism to the subjective interpretation,that is how do the subject of the will keep the balance with the form of the will in the subjective position? Secondly,it puts forward four meanings of the study of wills.One is the interpretation of wills can promote the unity of the judiciary and guarantee the true meaning of the testator.The second is that the explaination of the will satisfies the need to settle the dispute and maintain the harmony.Third is the study of the will is the need to improve the legislation.The last one shows that the construction of will is the premise of thinking.The second part is the theoretical consideration of the interpretation of the will.Firstly,this part defines the concept of will interpretation,which is divided into interpretative interpretation and supplementary explanation.Secondly,the purpose of the interpretation of the will is discussed.The goal of the will is to explore the true meaning of the testator,and to consider other factors to make the most reasonable interpretation.The true meaning is not necessarily the testator’s true intention.As long as you are infinitely close to that intention.Finally,it discusses the relationship between the form and the target of the will.This paper insists on the position of "differentiation",but it needs to be restricted.Otherwise,the authority of the text of the will will be damaged.When the object of the will is extended from the text,it will involve the problem of the adoption of evidence outside the will.The third part is the interpretative interpretation of the will.This part mainly studies the interpretive interpretation method of the will.Firstly,the direction of the interpretation method is determined.With reference to the theory of general hermeneutics,the "grammatical aspect" and "psychological aspect" proposed by Schleiermacher are the basic path.Secondly,on the basis of the two paths,the legal interpretation method is combined with relevant cases,and six interpretation methods suitable for the interpretation of the meaning of the will,system interpretation,purpose interpretation,honest interpretation,sociological explanation and tendency to explain effectively are proposed.The fourth part depicts the supplementary interpretation of the will.This section is divided into two parts.One is the supplementary explanation of the missing content in the will,which is limited to the case where the missing content of the will would invalidate the will.The other one is the supplementary explanation of the changes in a particular situation when making a will.This part,the main content of this chapter,analysis three cases in which the object of the testament does not exist,the relative of the testament is preceded by the death of the testator,and the relatives of the testator and the testator are divorced.The fifth part is the theoretical proof of the conclusion of the will.The foothold of this section is how to demonstrate the acceptability of the conclusions of the will in the judgment documents.The court must not only guarantee the correctness of the interpretation conclusion,but also demonstrate the rationality of the interpretation conclusion in a persuasive way of argumentation,so that the interpretation conclusion is accepted by both parties.This is the significance of the inquiry and interpretation conclusion.The argumentation structure draws on Turmin’s informal argument structure and conducts empirical research through a case.