| After being published and took into effect of the General Provisions of Civil Law,to compile the Civil Code gradually becomes amending various sub-laws of Civil Law.To build a unite Civil Law,the amending of Inheritance Law becomes everyone’s wish.The main focus among this is that should we build the system of mutual testaments to cover the blank part of the Inheritance Law.This article based on the related theory analysis,is to study the real conditions of mutual testaments in our field of judicial practice by summarizing all the legal judgment documents about mutual testaments in ten years and by using the method of practical study and comparing theory.Thus,it could show the real need and feasibility to build the system of mutual testaments and also offer some suggestion accordingly for putting it up to the stage.There will be four parts in the article:Firstly,it is about the theory of law of mutual testaments.This part is mainly a summary of the theories of mutual testaments,type of mutual testaments,feather of mutual testaments.And we will distinguish from mutual testaments and general testaments by comparing study their contents and nature.Secondly,it is about the analysis of necessary toward mutual testaments system.On one hand from the aspect of society factors,mutual testaments system matches the social economic development.It also shows the respects of customs and habit and complies with the change of family structure which could satisfy our current and future need.On the other hand,it is to complete the Law.mutual testaments system shows the value of freedom and it could solve the judicial dilemma as well as mend the blank area of the current Inheritance Law by coloring it.So it could strength and make the civil laws unite and harmony.Thirdly,it is about the feasibility of the mutual testaments system.We will analyze the base of mutual testaments system from legislative space,support theory,legislative technology,material base and social environment and so on to respond of being operational and enforcement.Fourthly,it is about the specific ways to build mutual testaments system.Combining with our current social need and situation of law system,we need to admit the limited effect of mutual testaments and put up some suggestion to build the mutual testaments system according to the current situation of our country. |
