On The Legislative Perfection Of Our Countrys Testament Type And Its Effect

The will is not a personal problem on the level, it is a way of civil law, in the form and content are in line with the law. The legal problems of the various types of wills are: the consciousness of the will, the incomplete of the will, the incomplete understanding of the will, which will result in the weakening of the will and the problem of the validity of the will. The author of the judicial practice in the case of various cases are summarized, classification and analysis of various types of legal effect of the types of the defects, and proposed to improve the corresponding legal means of defects.This paper is divided into three parts. In the first part, it is the essence and the form factor of the influence of Testament, which is discussed in this partFirst of all, the testator must have testamentary capacity, will be the true meaning of the testator said, must retain will remain part, will dispose of the property shall be the personal property, the content of the will not violate social public interests and social merit. The other describes The formal requirements of Testament and the validity of each will be elaborated, the notarial will, since wills, drafting wills, recording wills, oral wills must comply with the writing, witness elements on human.The second part, the type of the will, as well as the effect of the existence of the problem,the legislative status and the defects of the legal effect of the testament in various judicial practices are analyzed.First of all, the legislative situation of the legal effect of the will of all types of wills is summarized; Secondly, it summarizes the problems of the validity of testament in the judicial practice of our country, Whether there is a testament to the absolute autonomy of people, What is the will of the will of the people in different forms, Will in the disposal of the property is part of the property is invalid or invalid, The problem of corporate equity is only from the perspective of corporate law, and not from the perspective of the system of inheritance.The third part,from the angle of the law to improve the legal effect of the form of the testamentFirst of all, there is no need to add new types to our will; Secondly, in the view of improving the will effect, it is necessary to carry out a specific restriction on the autonomy of the will; The principle of public order and good customs in the use of the will be limited to the prediction of the legal rules can not be destroyed; In the will, the effect of the property of the common property should be determined according to the validity of the effect, and the effect of the property law and the agency system is determined.