Research On Determination Of Testamentary Force

For a long time,the issue of testamentary validity has not attracted enough attention in academic discussion.The issue of testamentary validity is related to the validity of general legal act of civil code and is also closely related to the will part of succession.It has become a problem to be solved in the academic discussion of the civil code whether the legal essential content of the will may be loosened in the civil code,how to coordinate the essential nature of the will with the evidence effect of proving the decedent's other meanings,and how to clarify the real meaning of the decedent.This paper tries to sort out the two ways of expression and meaning of will,focus on the substantive and formal requirements of will,and clarify the validity conflict of will,the defects of will form and the new type of will.This paper makes a comparative study of the legislative examples in foreign countries,analyzes the legislative and judicial problems in the determination of the legal effect of will,and puts forward corresponding solutions to these problems.This paper studies and writes about the validity of will as follows:The first part is the general situation of China's probate confirmation system.First of all,the relationship between will and legal action is theoretically sorted out and analyzed,and related topics are introduced.Then,the paper makes a detailed description of the substance and form of the basic contents of the effective elements of will in China,and finally,the introduction of the system of the conflict rules of the effect of will.The second part is the introduction of the system of probate in typical foreign countries.Select the legislative model and legislative experience of some countries,from two parts to start a specific description.They are the basic contents of the effective requirements of will,the conflict rules system of will,and the system of the validity of will in China to find out the reference.The third part is about the problems in the validity determination of will in China.Specifically,it includes the problems on the legislative level and the common problems in judicial practice,and finds out the causes of the problems and narrates them.The fourth part is aimed at the legislative and judicial practice of the validity of will in our country in order to improve the problems.Drawing lessons from some successful legislative experience in foreign countries and combining with the actual situation in China,this paper improves and refines the formal and substantive requirements of the will,reconstructs the conflict rules of the effectiveness of the will,appropriately increases theform of the legal will,improves the operation of the trial,and maximally protects the rights and interests of the parties concerned.