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意思表示真实是民事法律行为的要件,我国继承法规定遗嘱人立有数份遗嘱,内容相互抵触的,以最后所立的遗嘱为准。由于老年人的记忆能力呈增龄性下降趋势,认知、判断能力也势必呈增龄性衰退,最后立的遗嘱往往真实性最低。可见继承法并没有从实质上遵循意思表示真实的要件。遗嘱的处分权应建立增龄性减少的制度,并辅以特留份制。
The true meaning of the meaning of civil legal acts is an essential element of China’s succession law provides that the testator has several wills, the contents of each contradictory to the last testament shall prevail. As older people’s memory capacity presents a declining trend of aging, cognitive and judgment skills are bound to show an aging decline, and finally the testament will often have the lowest authenticity. It can be seen that the law of succession does not express the true requirement from what it essentially means. The right to dispose of wills is to establish a system of declining age, supplemented by a system of special subsistence.