| As an important part of China’s inheritance system,testamentary succession plays an indispensable and important role in both protecting the testator’s freedom of will and ensuring the smooth distribution of inheritance.With the popularization of the law,the public’s awareness of the protection of private property and rights has increased significantly,especially in the protection and distribution of inheritance,more people have gradually developed from avoiding the disposal of inheritance to understanding the role of wills to take the initiative to make wills to distribute personal property,and among them,it is increasingly common for couples to make joint wills.However,because there are no specific laws and regulations supporting this area in China’s legal system,there are often different determinations by the people’s courts in practice,resulting in different judgments in the same case.In academic circles,the issue of joint wills of husband and wife is highly controversial and there are many different opinions.Based on this,this paper will analyze the special rules for the determination of the validity of a joint will compared with a general will,in order to provide reference value to fill the gap in the relevant field.This article will be discussed in the following four parts:The first part analyzes the special features of the nature and manifestations of joint wills,and subdivides them into four types: mutual designation,joint designation,Berlin-type wills,and associated wills according to their composition.In the second part,the author will analyze and sort out the current judicial status of joint wills cases with reference to adjudication cases,on the basis of which he will present the current practical dilemmas faced in the practice world and provide a realistic basis for the development of the third and fourth parts.In the third part,the author will introduce the domestic and foreign doctrinal views in detail,and analyze the arguments supporting each school of thought to arrive at the viewpoint adopted in this paper.In the fourth part,based on the first three parts,the author will summarize the special features of a joint will compared with a general will,and elaborate on the limitation of the object of a joint will,the forms of formation,the time of commencement,and the exercise of the right of alteration and revocation,and finally give the views and rules recognized in this paper. |
