关于我国《继承法》设立遗嘱管理制度的思考

Reflection on the establishment of the Testament Management System in Law of Inheritance

"中华遗嘱库"的成立及成功运行体现了遗嘱管理的制度化需求,同时反映了我国《继承法》增设密封遗嘱的需要。"中华遗嘱库"可以作为我国建立遗嘱管理制度的跳板,但在未来应当设立专门的同时具有遗嘱公证与遗嘱管理职能的机构,并对被保管遗嘱的订立、保管人的义务与责任进行法律规制。

Testament management is closely combined with the form of the testament. Only in Germany law are there brief regu- lations about autographie testament and in Taiwan civil law the obligations of presentment and unfolding for sealed testament, which is far from a complete system. The foundation and successful function of the Chinese wills library reflects the need of tes- tament management as well as the mystic testament, which could act as the bridge to the complete system of wills management. In the future itg necessary to establish special institution which has the function of both notarization and wills management, to work out laws about will -making and the privilege and obligation of the manager.