Study On The Problem Of Joint Will Of Couples

The development of legal system is the important symbol of a nation's progress,both in theory and judicial practice of law in the civil code of repeatedly called for the compilation,now the civil code compiling work on the agenda and finally made a big progress,"the general civil law" enacted also represents the codification of the civil code of fruitful work.The inheritance system will also be regarded as the fifth part of the civil code,that is,the inheritance part.The draft of the inheritance part has also made corresponding amendments to the content of the inheritance law.In particular,in the aspect of the third chapter of testamentary succession,a new form of will has been added,which also improves the previous unclear provisions.But in practice the willingness of the husband and wife to make a joint will is also growing.In China's judicial practice,there are a lot of disputes arising from the fact that the husband and wife jointly conclude a will.As China's laws do not stipulate the issue of the husband and wife's common will,no matter the powerful stakeholders involved in the will or the court will have different opinions on the recognition of the nature of the husband and wife's common will.In the process of hearing the case,the court will produce different judgments on the case that is the common will of husband and wife due to the lack of explicit provisions of legislation.Therefore,in the context of succession compilation of the civil code,the issue of the joint will of husband and wife should not be placed outside the code.The paper is divided into five chapters:In case of the first chapter,by analyzing the typical cases in different trial court dispute focus,it is concluded that the court in the judicial practice for a couple will form attitude of dispute will produce different court cases in the treatment of the joint will focus,as well as the outcome of different reflects the nature of the couple will identified issues.The testator revokes the will or makes a new will after revoking the will,which makes different interested parties have disputes on the form of the husband and wife's common will,which leads to the validity of the husband and wife's common will,whether the testator has the right to revoke the husband and wife's common will and other issues.The second chapter mainly carries on the theory of husband and wife common will,from the detailed rules for the notarial will,you can find the common wills a form,but not to carry on the system of regulation,so this part analyzes the concept and characteristics of joint wills,based on the analysis of the different nature of theory for the couple will know,I think its qualitative behavior is more suitable for a common law.The third chapter focuses on the effectiveness of the joint will problem is analyzed,by comparing the relevant theories of scholars at home and abroad,I think the effectiveness of the legislation should acknowledge this will in our country,and from four aspects analyzes the couple will take effect elements,respectively on different kinds of wills analysis the effect of time as well as the failure reason and so on.The fourth chapter mainly analyzes the revocation of the joint will of husband and wife.Couple will conclude there are two main body,thus will undo time into will both alive and died,by making a party in two stages,in the different stages respectively analyzes the testator exercise the cancellation right of the time,corresponding,the testator's cancellation right way,and in different stages are analyzed.The fifth chapter mainly proposes the construction of the system of the joint will of husband and wife in our country,combining the actual situation of our country and the legislative characteristics of our country,it suggests that our country should write the issue of the joint will of husband and wife into the succession,aiming at the subject and object of the joint will of husband and wife;the effective and invalidation of the will and the revocation of the husband and wife's common will respectively put forward specific construction Suggestions.