Research On The Effect Of Husband And Wife's Joint Will

With the further development of economy,people's income is increasing and family property is also increasing,and citizens' consciousness of making wills is further enhanced.The joint will between husband and wife is more common in real life because of its remarkable advantages in maintaining property stability and family harmony.However,it is not clearly stipulated in the Law of Succession of the People's Republic of China(hereinafter referred to as the Law of Succession)and relevant legislation.So courts have different opinions on the legal basis and judgment results in judicial practice,which is not conducive to the formation of people's expectations of such cases,but also undermines judicial authority.Therefore,for the status of the lack of the joint will in the current civil legal system in China,it should be clearly stipulated in the section of succession of the Civil Code in order to conform to the actual needs of judicial practice,and to provide a clear legal basis for dealing with the cases of the joint wills between husband and wife in the judicial practice.This paper starts with the basic theory of the husband and wife's joint will,and analyzes the current situation of the legislation and judicial practice of the husband and wife's joint will,and puts forward the specific suggestions on constructing the joint will of the husband and wife in China by the investigation of foreign legislation and the analysis of domestic legislation and theoretical viewpoints in order to play a guiding role in the legislation and judicial practice of the joint will of husband and wife in our country.In terms of the structure of the article,this article is divided into four parts in addition to the introduction and conclusion:The first part analyzes the basic theories such as the concept,characteristics,types and differences between the husband and wife's joint will and the contract of succession,and it lays a theoretical foundation for the following discussion.The second part is to analyze the current situation in legislation and judicial practice of the husband and wife's joint will,and to summarize the problems existing in the current legislative and judicial practice of the husband and wife's joint wills,and to evaluate different judicial decisions.The third part analyzes the theoretical controversy over the effect of the joint will in China,the validity of the joint will in printed form,the time of entry into force,and whether it can be changed and revoked.Then,by introducing relevant foreign legislation,this paper further analyses the reference significance of the experience of the comparative law to the construction of joint will between husband and wife in China,The fourth part is the suggestions on constructing the joint will of husband and wife in our country.Firstly,from two aspects of necessity and feasibility of recognizing joint will,the reasons are demonstrated for recognizing the validity of this type of will in our country.The joint will should be regarded as one of the independent types of wills,and it should be clearly stipulated in the section of succession of the Civil Code.In addition,it responds to the dilemma of judicial practice discussed in the second part and puts forward suggestions to provide certain guidance for judicial practice.