A Case Research On The Dispute Of House Bequest Between The Younger Sister Zhang And The Elde Sister Zhang

Article 1124 of the civil code of the people’s Republic of China,which was implemented on January 1,2021,basically follows the relevant provisions on acceptance and abandonment of bequests in the inheritance law of 1985.It only changes the period of exclusion of bequests from "two months" to "sixty days".This provision does not solve the problem of unclear legislation of the system of expression of will of the bequests in China.The academic circles have different views on the theoretical research of the will expression of the donee,especially on the object and way of the will expression of the donee.In the dispute cases caused by the expression of the will of the legatee,the same cases in different regions and different levels of courts have different judgments,which is extremely unfavorable to the protection of the rights and interests of the legatee.Therefore,it is of great theoretical and practical significance to study the legal effect of the will expression of the donee for perfecting legislation and standardizing judicial judgment.This paper takes the case of Zhang Mei v.Zhang Jie and other housing bequest disputes as the research object,studies the subject,the way and the object of the will expression of the bequest,and the starting point of the period of exclusion of the bequest right,so as to provide theoretical reference for improving the legislation of the bequest system in China,and has practical application value for unifying the judgment standard.This paper is divided into four chapters.The first chapter is the introduction.Starting from the background and significance of the research on the expression of will of the legatee,combined with the current situation of legislation and research at home and abroad,this paper makes full use of the literature research method to sort out the legislative situation and research results of the expression of will of the legatee at home and abroad,and summarizes,studies and comments,so as to provide theoretical support for this research.The second chapter is the introduction of the case and the focus of the dispute.Firstly,it introduces the basic situation of the case,deeply analyzes the focus of the dispute,and finds out the crux of the case.Secondly,through the study of the relevant cases of the disclosure of China legal adjudication document network and the relevant guidance cases issued by the Supreme Court,this paper makes an in-depth study of the contents involved in the cases,and analyzes the judicial status quo of the expression of will system of the bequeee in China.The third chapter is the legal theoretical thinking of the case,expounds the theory of autonomy of will,and selects the perspective of defects in the expression of will to study the validity of the expression of will of the legatee,further consolidate the theoretical foundation,and sort out the relevant theories.The fourth chapter puts forward some suggestions on improving the expression of will of the donee,hoping to provide a unified thinking for the judicial trial.Through the research,it is found that the main obstacle to the legal effect of the will expression of the donee is that the relevant legislative provisions are not perfect,and the two positions of law and morality cannot be balanced in the judicial trial.Finally,the countermeasures are put forward: to improve the way and object of the donee to accept or give up the will,the period of exclusion and the starting point of the right of bequest,and to consider the moral position and legal provisions comprehensively in the trial.