Research On The Conditional Will

A conditional will is a legal act in which the parties attach uncertain facts to the will in the form of conditions and take it as the basis for the validity of the will.Conditional will is a special form of conditional civil legal act,which is a profound embodiment of the freedom of will and greatly guarantees the realization of the will of the decedent.Most scholars believe that the will should have taken effect at the death of the testator,but when the will is attached with the cessation condition,the effect of the will depends on the achievement of the condition,so the will has different legal effects during the period when the condition is not determined.In addition,in practice,according to the will attached to real conditions and not real conditions,how the effect,the need to see,and can not take the "one size fits all" approach,in order to prevent against the will of the testator or infringe on the interests of the successor.In addition,it is the absence of legislation that leads to the confusion of law application.In order to clarify the misunderstanding of conditional wills,it is necessary to conduct an in-depth study on the boundary between cessation conditions and rescission conditions and the feasibility of additional conditions of wills.。This paper,on the basis of current law in our country,use the method of hermeneutics,case analysis,comparative analysis method,the method of literature analysis and other research methods.The argument point of " conditional will " focused on the uniqueness of condition and " the relationship between condition and will",trying to make a rule of the particularity of conditional will adjust their own judgment.Accordingly,the article is divided into the following four parts:The first part is the analysis of the condition of conditional will.From the perspective of the legislative status,China’s "inheritance law" has no clear provisions on the system of conditional will,but as a kind of civil juristic act,the general provisions on conditional civil juristic act in "people’s general office" or "people’s general affairs" can be applied to this naturally.From the perspective of the current judicial situation,the court’s unclear understanding of the theories of "attached conditions and attached obligations","conditions and term" and obligatory conditions of the will has caused confusion in the judgment rules,so it is necessary to clarify the relevant misunderstandings.The second part is the demonstration of the conditions attached to the will.First of all,in conditional wills,conditions are attached to legal ACTS,which are not mandatory in performance,flexible in achievement time,and traceable in effectiveness.Secondly,testamentary freedom is not absolute freedom,in order to prevent the abuse of the rights of the testator need to be attached to the will "conditions" related restrictions.Finally,wills usually take effect at the death of the independent testator,but according to the different effects of conditions on the effect of wills,there are two types of conditions:stop conditions and rescission conditions.The third part,the effectiveness of conditional will.In a conditional will,the achievement of the conditions is the basis for the effect of the will.Therefore,the effect of conditional will can be divided into three levels: the effect of pending period,the effect of conditional achievement and the effect of conditional non-achievement.And because according to the will attached to the reasonable legal conditions,the conditions can be divided into "real conditions" and "not real conditions" two cases,the will additional "real conditions" is,the conditions can be achieved,the testator and the beneficiary have different share of power and responsibility;However,when the will is appended with "false conditions",the accomplished conditions and legal conditions,can not conditions and illegal conditions are also very similar in legal effect.The fourth part is the settlement of the judicial problems in conditional will.First,conditional will maximizes the realization of the testator’s will,is the highest value of law compliance,but the freedom of will is relatively free,should also pay attention to make the best use of things to achieve the balance of interests;Secondly,in order to avoid the embarrassment of practice and protect the interests of the beneficiary,it is advisable to interpret such conditions as termination conditions for the purpose of avoiding the instability of property relations caused by "termination conditions".Thirdly,on the judgment standard of the degree of performance of the conditions attached to the will,the court always implements the freedom of will absolutely by strict compliance rules.The author thinks that this practice is too rigid and not conducive to protecting the interests of the beneficiary.