Study On The Problem About Couple's Common Will

Testamentary succession and statutory succession as significant parts in inheritance system which play important roles in the distribution of the heritage and solution of inheritance disputes.With the increasing of the citizens' property and the consciousness of the right of will enhanced obviously,there have been great changes in testamentary succession.However,there is no clear regulation about this problem in the legislation in our country,more and more husband and wife co-will have appeared in practice,which causes different understanding and application of laws about common wills between husband and wife at the judicial level,therefore,often there will be appear different sentence in same cases;the scholars of the theories also have various ideas.So,the joint will of husband and wife has become more and more prominent as an important legal issue.This paper from this objective circumstance,from perspective of the many cases on common wills between husband and wife,studied basic theory of testament and related legislation of foreign country and investigated various ideas of theorists,put forward suggestion that how to handle the difficult problems about husband and wife co-will.In order to perfect the theory of testamentary succession,promote the development of inheritance law.According to the effect of husband and wife co-will,this paper is divided into three parts:The first part put forward the problems existing in judicial practice.Mainly from the judicial situation of cases about couple wills,sorting out the related cases in recent years,reveal the problems of disputes of couple wills existed in the judicial practice:such as the joint wills' effectiveness,nature,the time of effectiveness,change and cancellation and so on.The second part is the legal-rational analysis.In this part,from the perspective of jurisprudence,the author makes an in-depth analysis of the problems existing in the trial of the cases about couple's common will.Based on the analysis of the views of various scholars,puts forward her own opinions and suggestions to lay a foundation for the content of the next part.The third part propound suggestions that how to handle disputes existing in cases of couple's common will based on the former two parts.We propose that common wills between husband and wife should be contained Inheritance law and formulate the elements of foundation,at the same time,we give suggestions for the judicial process of the cases combined with questions in the first chapter.