Legal subjectivity:
The process of lawyer witnessing: 1. To entrust a lawyer to witness the signing of an entrustment contract, the party shall personally or send an agent to sign with the law firm with the entrustment certificate. If a contract is entrusted to be witnessed, the witnessing of the contract shall be witnessed by the attorneys appointed by both parties. 2. Lawyer review work: After the law firm accepts the client's entrustment, it should designate two lawyers to conduct witnesses. The witness lawyer shall review the entrusted witness matters as follows: (1) The identity and subject qualifications of the parties; (2) The parties’ ability to exercise their rights and perform their obligations; (3) The legality of the contents of the witness entrusted by the parties; (4) The intention of the parties The authenticity of the representation; (5) The authenticity, completeness and legality of the supporting materials and other documents provided by the parties; (6) Other matters that the witness lawyer deems necessary to review. 3. Conversation transcripts: The witnessing lawyer shall have a conversation with the client in person and keep a record of the main circumstances of the conversation as the basis for the testimony. For parties with special circumstances, recording and video recording should also be done. 4. The content of the issuance of a lawyer's witness certificate should include: (1) The physical situation of the parties participating in the witness and the name of the witness lawyer; (2) The matters of the witness; (3) The witness process; (4) The legal and policy basis for the witness; (4) The legal and policy basis for the witness; 5) Witness the conclusion; (6) Witness the signature and seal of the lawyer, and the official seal of the law firm. The witness certificate is produced in a unified format, and each party shall hold one copy; if the parties need it, several additional copies may be issued. The law firm should keep a copy of the testimony, together with the supporting materials provided by the parties, for reference. 5. Archiving After the lawyer's witnessing work is completed, the relevant materials should be filed immediately. The law firm and the witnessing lawyer should fulfill the confidentiality obligation for the matters witnessed by the parties. Legal objectivity:
According to Article 1135 of the Civil Code, which came into effect on January 1, 2021, a will must be witnessed by two or more witnesses, and one of them shall act on his behalf. The document shall be signed by the testator, scrivener and other witnesses, and shall be marked with the year, month and day. Article 1136 of the Civil Code The printing of a will must be witnessed by two or more witnesses. The testator and witnesses should sign each page of the will and indicate the year, month, and day. Article 1137 of the Civil Code: A will made in the form of audio and video recordings must be witnessed by more than two witnesses. The testator and witnesses shall record their names or portraits, as well as the year, month and day in the audio and video recording. Article 1138 of the Civil Code: In critical circumstances, a testator may make an oral will. An oral will must be witnessed by two or more witnesses. After the critical situation is eliminated, if the testator is able to make a will in writing or in the form of audio and video recordings, the oral will will be invalid.