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一位重症病人在进手术室前立下了一份口头遗嘱,对他的房产进行分配,最后注明生效条件是“因本次手术不成功而亡故后本遗嘱立即生效,本次手术成功后此遗嘱无效”。面对相对复杂的家庭关系,病人本指望立了遗嘱可以摆平身后事避免家庭矛盾,却不料,正是这份带生效条件的遗嘱引起了轩然大波,并导致他的女儿和后妻因此闹上了法庭。原来,立遗嘱那天的手术完成了,但还需要进一步的手术和治疗,这天手术后12天,病人最终还是去世了,这样的情况算不算手术成功?遗嘱到底有没有生效?2008年1月7日,常州市中级法院作出终审判决,认定遗嘱中讲的“本次手术”不应简单理解为一种单次手术,而应理解是一种连续性治疗过程,病人在这个治疗过程中最终还是医治无效而死亡,因此应认定遗嘱所附生效条件成就,遗嘱生效。
A critically ill patient made an oral testament before entering the operating room to allocate his real estate, and finally stated that the effective conditions were “the testament was immediately effective after the death of the operation was unsuccessful, and the operation was successful After this will invalid ”. In the face of relatively complicated family relationships, the patient had hoped that a will could be placed on his back to avoid family conflicts. However, it was this testament that came into force that provoked an uproar and caused his daughter and his immediate wife to be caught up court. It turned out that the testament the day the surgery was completed, but still need further surgery and treatment, the day after surgery 12 days, the patient eventually died, such a situation is considered a surgical success? Wills in the end have no effect? 2008 1 On July 7, Changzhou Intermediate People’s Court made a final judgment that “the operation” should not be interpreted simply as a single operation, but rather as a continuous treatment process in which the patient is treated In the end, the treatment is still ineffective and death is caused. Therefore, the conditions of validity of the will attached to the will and the will of the will shall be validated.