我国四法域遗嘱方式立法比较研究

A Comparative Study on the Legislation of Forms of Testamentary Dispositions between the Four Law Systems

通过对我国四法域遗嘱方式规范的比较可以发现,四法域立法在遗嘱形式分类、遗嘱见证程序及见证人资格等方面差异明显,在其他遗嘱方式事项上也各有特色。我国大陆地区的公证遗嘱、录音遗嘱、特别遗嘱及遗嘱见证人规范存在明显不足,应当借鉴其他法域的立法经验予以完善。

By making a comparative study on the forms of testamentary dispositions between the four law systems, we find that the legislations between the four law systems are obviously different in terms of classification of testament, procedure of witness for testament and quality of witness for testament. The notary testament, testament fixed on a phonogram, special testament and regulations of witness for testament prescribed by the law system in China's Mainland have certain shortcomings and