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The Research Of Effectiveness Of Printing Testament

Posted on:2020-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:X Q ZhaiFull Text:PDF
GTID:2416330575459243Subject:Law
Abstract/Summary:PDF Full Text Request
As a typical unilateral civil legal act,testate succession is an important inheritance method of today's social life.At present,China's "Inheritance Law" is the main legal basis for the printing testament.With the continuous improvement of social life,electronic data such as computer printing is the most common writing instrument.Printing testament becomes a new form of testament.However,the current law in China does not clearly define the form and effect of the will,which brings certain inconvenience to the judicial decision.Based on this,it is particularly important to explore the validity of the printing testament.This paper intends to explore the validity of printing testament through typical case analysis and legal research methods of big data research samples.This article is divided into five main content.The first part mainly introduces the different referee results in the judicial practice about printing testament through typical cases.The controversy of the two typical cases focuses on the will of the legal property of the testate,and how to determine the validity of the test will and the standardof recognition.The second part mainly introduces the theoretical controversy about the form and validity of printing wills.The different forms of print wills and the different views of scholars and judges on the legal attributes of printing testament.The third part is mainly to discuss the empirical analysis of the printing testament,which belongs to the key chapter of the article.Firstly,the article retrieves 119 cases of the Intermediate People's Court from the judgment of the validity of the printing testament and 13 cases of the high courts as the empirical research objects,and conducts statistical analysis on the current judicial judgments.The book is a testamentary form,a suicide note type,a self-documentary testament,and a testamentary testamentary type as a standard type analysis,and combined with different types of courts to judge the opposition of different judgments,theoretical analysis and generalization.Finally,the article also sorts out the various factors that the court considers when determining the validity of the printing testament,in order to provide solutions for different types of printing testament.The fourth part mainly focuses on the consideration ofeffectiveness determination and the classification of specific referee rules in the judicial process.The fifth and sixth part is the conclusion part and then the study of improving the legislation,Therefore,the article's legislative perfection is based on the introduction of the will to form a mitigating concept and learning from foreign legislation.In order to study the validity of the will as efficiently as possible,the author tries to set the print will to create a new form of will.The author's point of view is to introduce the validity of the testament to the legislation,to prevent the stipulation of the will form from being too restrictive,to respect the will of the testator,to respect the true intention of the testator,and to respect the truth of the testament.We will tilt the validity criteria for printing wills to the extent that we are trying to find out the true meaning of the testator,and effectively protect the legitimate rights and interests of the testator.At the same time,the author calls for the introduction of relevant inheritance laws as soon as possible to standardize the burden of proof and certification standards related to the printing of wills.
Keywords/Search Tags:Printing testament, Effectiveness determination, party autonomy, Referee rules
PDF Full Text Request
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