论文部分内容阅读
遗嘱公证主要是指作为一名公民,对自己生前的所有财产进行相应的处分,并通过国家公证机关的合法公证,要求其死亡后,该公证的遗嘱随之生效,并且受到法律的保护。随着时代的发展,人们素质的提升,财富的积累,法制社会逐渐完善,遗嘱公证变得越来越普遍,现在已经逐渐成为了公证机关的主要业务之一。人们办理遗嘱公证越来越多,要求也就越来越高,而随之产生的矛盾与纠纷也逐渐显露出来。如何有效的保护好遗嘱人与相关受益人的合法利益,最大限度的规避遗嘱公证产生的风险,是每一个遗嘱公证工作人员需要思考的课题。本文通过对遗嘱公证的概念和渊源进行了阐述,对遗嘱公证形成要件、失效原因进行了探讨,对遗嘱公证产生的风险进行了分析,并对如何规避遗嘱公证产生的风险提出了自己的看法和建议,具体如下所述。望各位给予批评指正。
Probate notarial mainly refers to as a citizen, all the property before his life to be punished accordingly, and through the legal notarization of the notary public of the country, after the death of the notary, the notary will take effect and be protected by law. With the development of the times, the improvement of people’s quality, the accumulation of wealth, the gradual improvement of the legal system society and the increase of will-test notaries have become one of the major businesses of the notary public. As people handle more and more wills, the requirements are getting higher and higher, and the contradictions and disputes that follow are gradually revealed. How to effectively protect the legitimate interests of the testator and the relevant beneficiaries and to minimize the risk arising from the will notarization is a subject that every notarial staff member needs to think about. This article elaborates the concept and origin of probate notarization, probes into the formation elements of probate notarization and the causes of failure, and analyzes the risks arising from probate notarization and puts forward my own views on how to avoid the risk arising from probate. Suggestions, as described below. Hope you give criticism and correction.