If you open the column The world is safe with law and the people are nourished with virtue. The civil code of the people's Republic of China, which was adopted at the third session of the 13th National People's Congress, will enter into force on January 1, 2021. As the Encyclopedia of social life and the declaration and guarantee of civil rights, what impact has the civil code had on our life? What legal protection does it bring us? Therefore, this edition specially launches the column "case theory · civil code", which invites judges to interpret the law with cases in combination with the real cases undertaken in judicial practice, and analyze the great impact and far-reaching significance of the civil code on real life. Reading guide Inheritance involves the inheritance of family property, concerns thousands of families, and is closely related to the vital interests of the people. Among them, testamentary succession, because the existence of will reflects the real will of the deceased, its legal effect is often better than statutory succession, which has become the main focus of attention. After the formal implementation of the civil code in 2021, all the inheritance laws that have been promulgated and applied for 36 years have been replaced. Then, what are the specific changes and new provisions in the legal provisions of testamentary succession in the civil code? Ma Detian, a judge of Xicheng District People's Court of Beijing, introduced the inheritance system stipulated in the civil code through real cases. Are recorded wills and printed wills valid? Uncle and aunt left a recorded will Uncle Sui and Aunt Li are husband and wife. They have four children. In the unit housing reform in 1991, the two used the length of service preferential policy to buy a public house rented by Uncle Sui and registered it in his name. In 2002, uncle Sui died without a will. In 2014, when Aunt Li was hospitalized due to illness, considering that her little daughter Sui had taken good care of her for many years and accompanied her day and night, she made a will by video under the witness of two retired colleagues of the unit, leaving the above house to her little daughter Sui. Aunt Li died in early 2015. Other children believe that a will in the form of video recording is not a valid will stipulated by law, and the above-mentioned houses shall be divided according to legal inheritance. Sign and stamp a printed will Uncle Zhou and Aunt Wang are husband and wife, uncle Zhou is the first marriage, and Aunt Wang is the second marriage. Aunt Wang and her ex husband have a son Zhang. Uncle Zhou and Aunt Wang have two daughters. Uncle Zhou and Aunt Wang bought two houses during their marriage. In 2013, uncle Zhou was seriously ill and hospitalized. On her deathbed, under the witness of Uncle Zhou's sister and niece, Aunt Wang printed the will in advance, made a will in the form of Uncle Zhou's stamp at the end of the will and Aunt Wang's signature, and left all the deposits to two daughters, one set for each of the two houses. In 2015, Aunt Wang died of a heart attack at home. Later, Aunt Wang's son Zhang asked to divide the inheritance belonging to Aunt Wang in the common property of Uncle Zhou and Aunt Wang according to legal inheritance. The two daughters believe that the estate should not be divided according to legal inheritance. Zhang believes that the form of making a will does not meet the statutory requirements. ■ the judge speaks the code The new form of recognition will responds to the new needs of the times The inheritance law provides for five forms of wills: self written, proxy, recording, oral and notarization, but it does not provide for wills in the form of video recording, printing and so on. In real life, heirs often have disputes over this. The disputes arising from the above cases are a vivid embodiment of this problem. Nowadays, the civil code has responded positively according to the actual situation of the development of real life, combined with the fact that relevant recording, video recording and printing technical means have long been popularized in people's life, and taking into account the long-standing implementation of the inheritance law. Article 1136 of the Civil Code stipulates: "a printed will shall be witnessed by two or more witnesses. The testator and witnesses shall sign on each page of the will and note next year, month and day." article 1137 stipulates: "A will made in the form of audio or video recording shall be witnessed by two or more witnesses. The testator and witnesses shall record their names or portraits, as well as the year, month and day in the audio or video recording." It can be seen that the civil code has expanded the legal form of wills this time, echoed with the actual social life, made specific specifications for the form and requirements of video recording and printing wills, clarified the legal effect, and met people's real life needs. Can you still inherit the inheritance after breaking up with your parents? Uncle Wang and Aunt Liu are husband and wife. They have a son and a daughter. However, because of their son's marriage and love, they have a fierce conflict with their son Wang. The son was angry and married the woman he wanted. He hasn't gone home to visit and support his parents for more than ten years. With the passage of time, Wang suddenly repented. In recent years, he began to contact his parents and often brought his grandson home to visit his parents. Later, when Uncle Wang and Aunt Liu were ill, the whole family moved to their parents and took good care of their son, which made the two old people feel the joy of their late family. Uncle Wang and Aunt Liu decided to forgive their son's original behavior. Uncle Wang and Aunt Liu later He died one after another. Before his death, he left a joint will and left one of his two houses to his son Wang. Uncle Wang and Aunt Liu's daughter believe that Wang has been indifferent to the life of the deceased for more than ten years because he abandoned the deceased. The circumstances are serious. According to relevant laws and regulations, he has lost the right of inheritance and cannot inherit his parents' real estate. So, has Wang been After losing the right to inherit their parents' inheritance? ■ the judge speaks the code The addition of inheritance forgiveness system gives the law strength and temperature The inheritance law once stipulated four situations in which the heir loses the right of inheritance: "intentionally killing the decedent; killing other heirs for the purpose of competing for the inheritance; abandoning the decedent or maltreating the decedent, with serious circumstances; forging, tampering with or destroying the will." the civil code also determined this, and added a fifth situation, namely "Forcing or impeding the decedent to establish, change or withdraw his will by fraud or coercion, if the circumstances are serious." Once the above situation occurs, the heir will lose the right of inheritance. However, life is not static and invariable, and the harmonious relationship between family members can be cultivated. When the inheritance law was promulgated in 1985, the Supreme People's court also made relevant provisions on whether the right of inheritance can be restored in the relevant judicial interpretation, that is, if the heir maltreats the decedent seriously, or If a person abandons the decedent, if he does repent later, and the abused or abandoned person shows forgiveness before his life, he may not be confirmed to have lost his right to inheritance. This is also the initial provision of the inheritance forgiveness system, which aims to give the successor a chance to reform. Based on the good application effect of the original provisions, article 1125 of the civil code officially adds the inheritance forgiveness system, that is, if the heir abandons the decedent or maltreats the decedent, the circumstances are serious; if the will is forged, tampered with or destroyed, the circumstances are serious; if the decedent is forced or hindered to establish, change or withdraw the will by means of fraud or coercion, the circumstances are serious If the above-mentioned acts of heavy do show repentance, and the decedent expresses forgiveness or lists him as the heir in his will afterwards, the heir will not lose the right of inheritance. The advantage of the formal establishment of the system at the legal level is that it not only provides the heir with the opportunity to reform and promote the construction of harmonious relations among family members, but also reflects the truth of the decedent from the perspective of rule design The greatest respect for will makes the law more powerful and warm at the same time. The right of inheritance is closely related to status. For family members who have inherited from each other, they often break bones and connect tendons. Who is wrong? Tolerance and forgiveness are often important ways to resolve gratitude and resentment. This is still the case with outsiders, not to mention their own family members. For family members who choose to reform, they should make mistakes in the handling of family relations In the above case, as long as Wang can effectively prove that his reformed behavior has been forgiven by his parents before his death, he will not lose the right to inherit his parents' Inheritance and can inherit according to the contents of the will. ■ legal link Article 1136 of the civil code of the people's Republic of China, a printed will shall be witnessed by two or more witnesses. The testator and witnesses shall sign on each page of the will and note next year, month and day. Article 1137 a will made in the form of audio or video recording shall be witnessed by two or more witnesses. The testator and witnesses shall record his name or portrait, as well as the year, month and day in the audio or video recording. Article 1142 a testator may withdraw or alter his will. After making a will, if the testator performs a civil legal act contrary to the contents of the will, it shall be deemed to have withdrawn the relevant contents of the will. If there are several wills, and the contents are inconsistent, the last will shall prevail. Article 1125 a successor who commits any of the following acts shall lose his right of inheritance: (1) intentionally killing the decedent; (2) killing other heirs for the purpose of competing for inheritance; (3) abandoning the decedent or maltreating the decedent, if the circumstances are serious; (4) forging, tampering with, concealing or destroying the will, if the circumstances are serious; (5) Forcing or impeding the decedent to establish, change or withdraw his will by means of fraud or coercion, if the circumstances are serious. If an heir commits any of the acts mentioned in Items 3 to 5 of the preceding paragraph and shows true repentance, the decedent expresses forgiveness or lists him as an heir in his will afterwards, the heir shall not lose the right of inheritance. If the legatee commits any of the acts specified in the first paragraph of this article, he shall lose his right to receive the legacy. After notarization, leave a proxy. Which will be recognized by the will? Uncle Liao lost his spouse in his early years and raised his three sons born to his spouse Liu alone. Later, uncle Liao purchased his rented public house through the unit housing reform and registered it in his name. Uncle Liao did not remarry until his later years. Uncle Liao wrote his own will in 2004 and left the house under his name to his eldest son who lived with him. Later, uncle Liao and his eldest son gave birth In 2015, the eldest son was disabled in a car accident, and his life was in trouble. Uncle Liao was also seriously ill and lying in bed. Considering the future life of the eldest son and his family, uncle Liao planned to change the content of the notarized will. However, it was difficult for him Unable to go to the notary office on his own, uncle Liao asked someone else to write his will and leave the house under his name to his eldest son. In 2016, uncle Liao died. The eldest son claimed that he should inherit the real estate according to the contents of Uncle Liao's last written will. However, the other two sons took out a notarized will and believed that all wills could not resist the effectiveness of the notarized will, and the real estate should be inherited by two people. ■ the judge speaks the code Notarized wills no longer have priority In real life, it often happens that the decedent leaves multiple wills with conflicting contents. The inheritance law stipulates that the testator can revoke and change his will. At the same time, it also makes it clear that in the case of multiple wills, if the contents are inconsistent, the last legacy shall prevail and all wills shall not be revoked