| In the process of formulating the General Principles of the Civil Law of the People’s Republic of China(hereinafter referred to as the General Principles of the Civil Law),the content of Article 29 has been wavering from the draft to the final text.After three deliberations,the final text was adopted.This is also the first time that the system of testamentary guardianship has been clearly stipulated in the form of law in New China.Testament guardianship system originated in ancient Rome.In Germany,France,Japan,Britain,the United States and other countries,relevant legislation has been clear,and a more mature system of testamentary guardianship system has been established.However,the probate guardianship system stipulated in Article 29 of the General Principles of Civil Law of our country,from the final norms,only clarifies the establishment of the probate guardianship system and how to implement the system,which is only a principled provision and can not deal with various probate guardianship disputes.Therefore,it is necessary to further study the probate guardianship system.This paper studies the subject,declaration of will and effect of testamentary guardianship through combining the excellent legislative experience and relevant research abroad.Chapter one clarifies the scope of testator,guardian and designated guardian by analyzing the subject of testamentary guardianship.Chapter two clarifies the function of different subjects’ declaration of will by analyzing the expression of will in testamentary guardianship.And how different subjects express their intention,at the same time,it also provides a feasible solution to the conflict of expression of intention.Chapter 3 clarifies the priority of probate guardianship through comparative analysis with statutory guardianship.In addition,compared with the revocation of general guardianship,will guardianship system should be given the right of arbitrary revocation under special circumstances,rather than the premise of fault.Finally,the content of this paper is summarized,in order to provide help for the improvement of the supervision of the will of our country. |
