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Foreign law of intestate succession conflict with the law applicable

Author: WuQingGuo
Tutor: GaoHongGui
School: Central China Normal University
Course: International Law
Keywords: Foreign intestate succession Conflict of laws Applicable Law Autonomy
CLC: D997
Type: Master's thesis
Year: 2011
Downloads: 341
Quote: 1
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Abstract

Modern society, scientific advancements, convenient transportation, people in different countries and regions, between the civil and commercial exchanges have become increasingly frequent, continuous generation of foreign-related civil and commercial relations, associated with this foreign inheritance relationship is also widely occur. Because of this inheritance is usually two or more countries or jurisdictions occurrence associated with, related to different countries or jurisdictions applicable law, as applied in different countries or jurisdictions, laws, rights and obligations of the parties significant impact. This is so because so far, regarding foreign inheritance laws apply, despite national legislation of each jurisdiction and are required to be divided into statutory inheritance and testamentary succession, and then were to determine the different laws apply, but due to the political, economic , as well as cultural and historical traditions of different religious beliefs, national laws vary, and some even very different, especially in the applicable foreign law of intestate succession issue, the national legislation and judicial practice vary widely, there is a fierce legal conflicts. Moreover, the doctrinal right applicable foreign law of intestate succession is a lot of controversy. In-depth discussion of testamentary succession foreign legal conflict and applies not only directly related to the different countries or jurisdictions of the parties to achieve the right of inheritance, but also to the international relations of harmonious society construction, and even affect the relationship between the countries. Because every foreign intestacy party has the backing of their own country, the field of foreign testamentary succession dispute, are likely to eventually evolve into disputes between nations. Seen in the people-oriented concept of continuous and increasingly popular respect for party autonomy today, seminars foreign intestacy laws conflict with applicable law, not only has great social significance, but also has a very important theoretical significance. This paper is divided into the following four parts: The first part, explain the meaning of foreign testamentary succession and characteristics. The so-called foreign intestate succession, testamentary succession refers to the legal relationship subject, object or legal facts of these three elements, there is one or more foreign elements and involve the laws of different countries or regions for the inheritance. Foreign intestate succession law has the following main features: (a) foreign nature. Such testamentary inheritance relationship that is the subject or object of the law or the facts and applicable law with foreign or foreign jurisdictions happen association. (2) the complexity of the applicable law. That such a relationship may be applicable intestacy laws complicated, some countries apply a uniform legal provisions, while some countries are required to include such intestate succession will split mode, wills effectiveness, estate management issues, the ability of the testator and many other areas, namely, the application of different laws. Not only that, because of such inheritance laws apply by the national historical and cultural tradition, so far there is no uniform substantive law to follow, only the application of relevant conflict rules. (3) this is often accompanied by intestate succession renvoi reserved use of the system and public order in order to exclude the application of foreign law in order to achieve the purpose of safeguarding national interests of the parties. The second part of the analysis of foreign law of intestate succession conflicts. Foreign intestacy laws conflict is the conflict of laws in private international law one of the most violent areas. It is manifested in at least the following areas: wills way conflict of laws; wills effectiveness conflict of laws; testamentary capacity conflict of laws; wills contents conflict of laws; wills change, revocation and interpretation of legal conflicts. The third part, combing and discuss the world's foreign-related intestacy laws applicable legislation and practice. Although countries in the world on foreign intestacy laws applicable requirements vary, but in most countries is the use of \About foreign way of intestate succession is divided into wills, wills effectiveness of the testator's capacity, wills content, alteration and revocation of wills and interpretation of different aspects, and then were to determine the different laws apply. Way in which the vast majority of countries will adopt unconditional selective manner applicable conflict rules to determine the law applicable; testamentary testator's effectiveness is mainly applied to the personal law, or the law of the land for the nationality of the testator, or the testator's domicile applicable or habitual residence of the law, but there are a few countries apply the law heritage sites; wills change, withdrawal and explain the main applicable national law or the testator Heritage Site France. The fourth part discusses the country on foreign intestacy laws applicable regulations. For a long time, China's \The good news is since April 1, 2011 shall come into force of the \made explicit provisions, thus ending the rehabilitation Chinese foreign law of intestate succession since no laws applicable to the situation. However, the \These problems need to be future legislation to be perfect.

Foreign law of intestate succession conflict with the law applicable

Abstract

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