Analysis Of The Validity Of A Husband And Wife's Joint Wil

In recent years,with the improvement of the income level and legal awareness of the Chinese people,more and more people have concluded wills.Among them,there is no lack of big wife common will set up between husband and wife based on the common meaning,but the disputes caused by the husband and wife common will are endless.However,because the succession chapter of the Civil Code does not mention the joint will of husband and wife,nor make systematic provisions on it,the legal blank makes the judge have no legal provisions to refer to when hearing such disputes,and the phenomenon of different judgments in the same case happens from time to time,which has especially strengthened the research on the joint will of the big wife.The first part introduces the connotation nature,type and other basic contents of the husband and wife’s common will,which provides directional guidance and theoretical foundation for the following analysis and argumentationIn the second part,on the basis of combing and objectively presenting the practical patterns and theoretical differences of the effect of the husband and wife’s common will,the author points out that the husband and wife’s common will conforms to the humanistic idea and the spirit of autonomy of private law,conforms to the form of the husband and wife property system,is conducive to the inheritance of traditional culture,and conforms to the experience of the comparative law to prove and carry out the effect of the common will.The fourth part discusses the alteration and withdrawal of the husband and wife’s common will,specifically discusses the time of alteration and withdrawal of the husband and wife’s common will,the special circumstances of alteration and withdrawal,the purpose of alteration and withdrawal and the legal consequences of alteration and withdrawal...