我国遗嘱执行人制度立法研究
发布时间：2019-04-02 06:25
【摘要】：立遗嘱是体现遗嘱人意思自治的一种表现,而遗嘱执行人在一份有效遗嘱中所发挥的作用是至关重要的,他的行为即是承接遗嘱人的遗愿而执行遗嘱,又是牵涉其他利害关系人的利益是否能够得到有效执行的保障。世界两大法系的主要国家和地区已经对遗嘱执行人制度进行了较为完善的探索并进行了相应的立法规定。然,遗憾的是,相比较两大法系主要国家和地区的立法而言,我国《继承法》中关于遗嘱执行人制度的规定则显得相对简陋和过于原则化,仅第16条一条条文有涉及,在司法实践中根本难以操作。不过,我国《继承法》关于遗嘱执行人制度规定相对简单也是有原因的,我国《继承法》制定于计划经济时代,当时立法受到了“宜粗不宜细”的立法指导思想的影响,且当时国民生活水平比较低下,公民财产形式也没有现在那么多样化,立遗嘱的人也不多,遗嘱执行人制度在当时也应用的不多,在这些因素的影响下,诞生了我国现有的遗嘱执行人制度的规定。随着时代的发展,我国公民的收入不断增多,财产的种类和数量已经有了很大的变化,应用遗嘱的人也大大增加,我国遗嘱执行人制度的弊端在实践生活中逐渐显露出来,显然其已经无法满足现当代人民群众的生活需求。遗嘱执行人制度调整能力的不足也引发了我国诸多专家和学者的注意,一场关于遗嘱执行人制度的改革之声已经在全国引起了广泛关注。本文通过对遗嘱执行人制度的历史渊源和两大法系主要国家和地区的遗嘱执行人制度等方面进行探讨,并提出完善我国遗嘱执行人制度的一些建议。
[Abstract]:The making of a will is an expression of the will autonomy of the testator, and the role of the executor in an effective will is essential. His action is to carry out the will by accepting the will of the testator. It is also the guarantee that the interests of other stakeholders can be effectively implemented. The two major countries and regions of the world have made a relatively perfect exploration of the executor system and carried out the corresponding legislative provisions. However, unfortunately, compared with the legislation of the major countries and regions of the two major legal systems, the provisions on the executor system in the inheritance Law of our country appear to be relatively simple and too principled, and only article 16 is covered by article 16. It is difficult to operate in judicial practice. However, there are also reasons for the relatively simple stipulations of the executor system in the inheritance Law of our country. The inheritance Law of our country was formulated in the era of planned economy. At that time, the legislation was influenced by the legislative guiding ideology of "it should be coarse rather than thin". And at that time, the standard of living of the people was relatively low, the forms of citizens' property were not as diverse as they are now, there were not many people who made a will, and the executor system was not applied much at that time, under the influence of these factors, The birth of our country's existing testamentary executor system provisions. With the development of the times, the income of our citizens has been increasing, the types and quantities of property have changed greatly, and the number of people applying will has also increased greatly. The malpractice of the system of executors of will has been gradually revealed in the practical life of our country. Obviously, it has been unable to meet the needs of the modern and contemporary people. The insufficient adjustment ability of the executor system has also aroused the attention of many experts and scholars in our country. A voice about the reform of the executor system has attracted extensive attention in the whole country. This paper discusses the historical origin of the executor system and the executor system of the two major countries and regions, and puts forward some suggestions to improve the system of the executor of the testamentary person in our country.
【学位授予单位】：福建师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.5
本文编号：2452331
[Abstract]:The making of a will is an expression of the will autonomy of the testator, and the role of the executor in an effective will is essential. His action is to carry out the will by accepting the will of the testator. It is also the guarantee that the interests of other stakeholders can be effectively implemented. The two major countries and regions of the world have made a relatively perfect exploration of the executor system and carried out the corresponding legislative provisions. However, unfortunately, compared with the legislation of the major countries and regions of the two major legal systems, the provisions on the executor system in the inheritance Law of our country appear to be relatively simple and too principled, and only article 16 is covered by article 16. It is difficult to operate in judicial practice. However, there are also reasons for the relatively simple stipulations of the executor system in the inheritance Law of our country. The inheritance Law of our country was formulated in the era of planned economy. At that time, the legislation was influenced by the legislative guiding ideology of "it should be coarse rather than thin". And at that time, the standard of living of the people was relatively low, the forms of citizens' property were not as diverse as they are now, there were not many people who made a will, and the executor system was not applied much at that time, under the influence of these factors, The birth of our country's existing testamentary executor system provisions. With the development of the times, the income of our citizens has been increasing, the types and quantities of property have changed greatly, and the number of people applying will has also increased greatly. The malpractice of the system of executors of will has been gradually revealed in the practical life of our country. Obviously, it has been unable to meet the needs of the modern and contemporary people. The insufficient adjustment ability of the executor system has also aroused the attention of many experts and scholars in our country. A voice about the reform of the executor system has attracted extensive attention in the whole country. This paper discusses the historical origin of the executor system and the executor system of the two major countries and regions, and puts forward some suggestions to improve the system of the executor of the testamentary person in our country.
【学位授予单位】：福建师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.5
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