摘要
公证遗嘱作为五种遗嘱形式之一 ,何以具有效力上的优先性 ,似乎很难找到科学、合理的依据。这种规定不但令人难以信服 ,而且与遗嘱继承之立法目的不相吻合 ,违背了遗嘱自由原则 ,限制了遗嘱人的遗嘱撤销权 。
As one of the five forms of testaments, those made by the notarial office have priority in effect. However, there is no scientific support of the practice. This stipulation is not only beyond belief, but also violates the law of testament inheritance and the items of testament freedom and limits the right of testament canceling of the person who registered the testaments. Therefore, as the author advocates in this paper, an abolishment of its priority is needed.
关键词
公证遗嘱
法律效力
继承
testaments made by the notarial office
effect of the law of inheritance
