A Study Of Joint Wills Of Husband And Wife

At present,China's economy has been soaring with the pulse of The Times,and people's property has increased with it.The protection consciousness of private property rights and interests has also been strengthened continuously.The existing system of will can no longer fully meet the needs of people to make a will.Although China has promulgated and implemented the Civil Code,up to now,the establishment rules of the marital joint will system and the methods to deal with the specific problems encountered in its implementation have not been clearly legislated.Articles for almost 10 years involved in the judicial practice together to study and analysis the 752 cases of the will,the couple will system in inheriting civil code,the compiling of legislation are pointed out based on the opinions of the relevant judicial explanation: the first is a husband and wife common disposition of the legal nature of the will of both the cause of death,and limit its subject,object,content and form;The second is to stipulate that the husband and wife's common will is divided into three types: mutual type,designated type and mixed type and the corresponding effective time.Finally,it discusses the specific issues of the withdrawal or alteration of the husband and wife's joint will in the case of one party's death and divorce.Today,the Civil Code has been promulgated and implemented.We should,based on the existing provisions of the Civil Code,base ourselves on our national conditions,learn from foreign legislation,and add the system of husband and wife's common will into the judicial interpretation,so as to meet the practical needs and make the people have a unified legal basis when making the husband and wife's common will.