Research On The System Of Husband And Wife’s Joint Will

Testamentary succession is an important way of succession stipulated in the Civil Code of our country.It reflects the will of the testator to the greatest extent.With the continuous improvement of economic living standards and the continuous accumulation of wealth,people are more inclined to make wills to deal with the property after death.In our country,the family property is mainly shared by husband and wife,and many couples often deal with the common property by making a will together,but the law of our country does not make clear provision for the common will of husband and wife,therefore,the judicial practice often leads to the validity of the couple’s joint will,effective time,whether the withdrawal or change of the issue of the case of dissent.Faced with the chaotic situation in judicial practice,it is necessary to make clear in law the validity,effective time and the possibility of withdrawing or changing the joint will of husband and wife,so as to provide a unified trial standard for judicial practice,and improve the testamentary succession system.This text is composed of five parts.The first part introduces the problems in judicial practice in the form of cases.In this part,two typical cases lead to the issues to be discussed in this article,including the validity of the couple’s joint will,effective time and withdrawal or change.The second part introduces the basic concept of husband and wife joint will,and briefly describes the academic views and attitudes on the above three issues.Since there is no unified view on the issues related to the couple’s joint will,this part will analyze the current situation of the couple’s joint will from the theoretical level.The third part explains the historical origin and legislative status of the common will in foreign countries,and makes a comparative analysis of the common will system of husband and wife in Germany and Britain,in order to understand the extraterritorial countries of the validity of the couple’s joint will,the effective time and the withdrawal or change of the legislative status.The fourth part of the judicial activities in the last five years of China’s husband and wife will the status quo of empirical analysis,thus summed up the court in the practice of the judgment point of view,at the same time,the author investigated the attitude of some people in one area of our country towards the common will of husband and wife by means of questionnaire.The fifth part is on the basis of the theoretical analysis,practical analysis and empirical investigation of our country’s husband and wife joint will,combined with the legislative experience of foreign husband and wife joint will,finally,the author puts forward some suggestions to perfect the system of husband and wife Joint Testament.