On The Common Will

The common will is the final disposition of the property made by the husband and wife in the same document.As a final disposition method which is different from ordinary will and inheritance contract,joint will is common in real life.However,in China,there is only a little mention in the regulations of the department of probate notary rules,which is not clearly stipulated in the legislation,and the civil code which is being compiled has not responded to this issue yet.There is a big dispute over this issue in the academic circle,which leads to different judgments of the same case in judicial practice.In order to solve the problem of different judgments in the judicial practice,we should recognize the validity of the common wil.As the concrete expression of legal acts,the act of joint will should comply with the relevant provisions of the general provisions of civil law.According to the general requirement of legal action,it can include substantial requirement and formal requirement.As the subject of the joint will is husband and wife,it not only requires the two parties to have the true intention when making the joint will,but also both parties must have the common intention of making the joint will.The commonality of the expression of will should be determined by the compromise theory.In addition to the notarized form stipulated in the notary rules of the will,other forms stipulated in the inheritance law are applicable.The printed form has become a new form with the development of the times.The effective time of the common will is analyzed in detail according to the type on the basis of the partial effective time.If the marriage is dissolved,one party withdraws or revokes the disposition,the successor dies before the decedent,the joint will loses the effect.Revocation of will and cancellation of will do not have the same meaning,change of will has the meaning of revocation of will,so this paper will retract and revocation of common will as two different issues to be discussed,without specific analysis of will change.On the basis of distinguishing unilateral disposition and mutual disposition,the withdrawal of common will focuses on mutual disposition,and is divided into two periods of living and dying.After the death of one party,the testator’s right to withdraw the disposition is limited to a certain extent.The mixed joint will can withdraw the disposition to the notary office on the premise of giving up the succession.China’s inheritance law does not stipulate the system of revocation of will,but in view of certain differences between the common will and the will,distinguishing the revocation of the common will can make its change more clear.The right holder may exercise the right of revocation in accordance with the wrong intention.The exercise of the revocation right and its consequences should comply with the relevant provisions of the general provisions of the civil law.The problem of common will has a long history.In the absence of legislation and the lack of response to this problem in the civil code,it can only be solved one by one from the perspective of judicial practice,guided by the specific problems faced by common will in judicial practice.