| In China,inheritance testamentary is an important way of the inheritance.There existed a large number of wills which made by couple in practice.But the couple's joint wills have no clear regulation in our country and scholars have different views on it,referee results vary from courts to courts.Based on the consideration of correcting the problem in reality,and in order to breaking the embarrassing situation,which our country lack of legislation,combined with the judicial practice of the couple's joint wills in China,we should recognize the effectiveness of the couple's joint wills.The couple's joint wills are essentially unilateral legal act,and also a condition unilateral legal act.Under the premise of the theory,we should use the court's judgment on numerous cases in judicial practice,and study on the system of the couple's joint wills all over the world.The court recognizes three types of the couple's joint wills,mutual,joint designated,mutual and joint designated wills,joint wills are a special type and applicable to the provisions of civil law act in civil law.They are the relationship between special law and general law.The chapter's adaptation relationship is a comprehensive analysis of the couple's joint wills.Under the premise of strict adherence to the wills,a new form of will is printed on paper.The capacity to make will and declaration of intention is the basic element of legal composition.The theory of the partial validity of the will is clarified.And different types of the couple's joint wills should be regulated,when it come into force.Distinguish revocation and changes of the couple's joint wills after the death of both the husband and the wife and the death of one of the parties.In response to the implementation of the issue in the different estates of the couple,it is necessary to clarify the rights and obligations of the executors of the couple's joint wills.Therefore,it provides legislative advice on the system construction of the couple's joint wills in China. |
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