Research On The Validity Determination Of Common Will

With the improvement of our country ’ s comprehensive strength,the family’s surplus property is also increasing.In order to maintain the stability of the family relationship,couples are increasingly inclined to choose a joint will to dispose of the common property.Increasing number of disputes.Our country’s legislative attitude towards joint wills is unclear,and its related regulations are even more vague.They are only slightly involved in the "Notarization Rules for Wills".The "Civil Code" came into effect on January 1,2021,and the succession section highlights its The unique charm and the continuous improvement of the inheritance system respond to actual contradictions,but unfortunately,the issue of joint wills has not yet been involved.Actual practical disputes urgently require our country to clarify the common will system,effectively solve practical problems,and meet the needs of social life.Excluding the introduction and conclusion,the thesis is divided into three chapters:The first chapter is to search and integrate disputes about joint wills on the Chinese Judgment Documents website.Three cases related to the viewpoints discussed in this article are selected as the entry points,and the facts of each case are sorted out,and the courts of the first and second instances are sorted out.The results of the judgment were summarized and compared,and the focus of disputes in the court was analyzed.When the courts deal with cases,different judgment standards have resulted in the phenomenon of different judgments in the same case.The contradictions are concentrated on the definition of the effective time of the joint will and the definition of the scope of the right of alteration and cancellation.The second chapter analyzes the focus of disputes in the selected cases and the parts that need to be clarified.This part is divided into three sections: The first section is an overview of the common will,clarifying its concept and paving the way for the following discussion.Based on why the joint will is different from the unilateral will based on its particularity,it explains the unique social function of the joint will.This section provides theoretical support for the following discussion on the effective time,modification and cancellation of the joint will;the second section on the effective time of the joint will It has been clarified that the criteria for defining the effective time of different types of common wills are different.They cannot be uniformly stipulated in accordance with the general testament theory.The third section focuses on the issues related to the exercise of the right of alteration and revocation.First,it briefly states whether one party The right to exercise freely according to their own wishes,and the criteria for defining the testator’s exercise of rights are discussed one by one according to the different types of common wills,followed by the discussion of different situations that can affect the exercise of the right,as well as the different time periods.It is hoped that the impact of the exercise of rights can be clarified and responded to the focus of the case.The third chapter is based on the clarification of the focus of disputes in the above-mentioned cases to obtain relevant enlightenment,and put forward its own suggestions on legislation and justice,taking into account the actual situation of our country and the characteristics of our country’s legislation,in order to ensure the stability of the newly published "Civil Code" The author suggests that the applicable standards of joint wills should be clarified in the relevant judicial interpretations: 1.The scope of the subject should be clearly established,only between husband and wife,and the willingness to negotiate and dispose of shared property between husband and wife is stronger,which saves legislation to a large extent.Resources;2.Clarify the effective time of different types of common wills,because there are usually two death nodes,so it cannot be solved simply by applying the effective theory of general wills;3.Clearly stipulate the relevant definition standards for the exercise of the right to change and revoke,In order to resolve disputes in practice.At the judicial level,the courts should pay attention to the differences of individual cases when handling cases,and balance the protection of the legitimate rights and interests of the parties involved.In special circumstances,judges can play a certain degree of initiative to fill the legal gaps and effectively maintain the judicial authority of our country.