遗嘱撤回中“民事法律行为”之理解

Understanding of “Civil Juristic Act” in the Withdrawal of Will

民法典生效前,遗嘱的撤回经解释仅限于处分行为。民法典生效后,遗嘱的撤回在文义上扩张至民事法律行为。虽然民事法律行为内含了处分行为与负担行为,但是该民事法律行为的内含仍应当限制在处分行为部分,对于负担行为的加入不宜操之过急。

Before the civil code comes into effect,the withdrawal of will is explained only by the disposition. After the civilcode came into effect, the withdrawal of will expand to civil legal act in thecontext. Although civil legal acts contain punishment and burden, the contentof the civil legal act should still be limited in the part of the disposition.It is not necessary to worry about the burden behavior.