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Research on the Applicable Law of China Foreign Succession

Author: ZhaoJiao
Tutor: RenJi
School: Liaoning University
Course: International Law
Keywords: Foreign statutory succession Foreign intestate succession No one to inherit property The principle of autonomy The most closely Contact principle
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 308
Quote: 1
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Abstract

Civil exchanges between the countries in the context of globalization, the increasing number of consequent phenomenon of a large number of cross-border marriage, legal Intercountry Adoption, and then they inevitably produce a large number of inherited cases containing foreign elements, the formation of the International Succession legal relationship. The growing number of foreign inheritance cases, it is prone to many new situations, new challenges to the provisions in the domestic law of the land on foreign inheritance. For the foreign inheritance cases and the resulting foreign inheritance legal relationship handling, countries have made appropriate provisions. However, the inheritance relationship is essentially a property relations, the transfer of property by way of implementation of the inheritance, but personal relations are closely linked, because such a transfer of property is heir and the decedent by blood or marriage relationship between the premise. And inheritance relationships influenced by historical traditions, religious beliefs, national habits, social system and economic system. Inherited the legal relationship between these characteristics, so that the domestic law of the land in the world there is a great difference on foreign inheritance legislation, which also led to the generation of a large number of legal conflict. Reconcile national laws conflict to solve the issues of foreign inheritance laws, countries are provisions of the foreign inheritance laws applicable rules. Our application of the law on foreign inheritance is also provided, but the content is very simple, even in the presence of legal gaps and provides foreign inheritance laws applicable in the field of the international community has lagged behind the development requirements. In response to the specific issues of foreign inheritance to solve, how to protect the legitimate interests and rights of our citizens, to achieve fairness and justice, our legislation and practice more urgent need to address the problem. Article is in comparative research, theory with practice, the basis of the literature survey on the use of the interpretation, analysis expression research and discourse on issues of foreign inheritance laws applicable format specification and level formed a complete theoretical system, and strive to achieve language fluency, the sentence was intended to clear, well-structured, system integrity. The text is divided into five parts: The first part of the preamble. Preamble to guide the full text adequately address the problems encountered in the background of the subject and practice, introducing the theme of the article analyzed and discussed. The second part is the \This part is a brief definition of foreign inheritance, the performance of the conflict of laws as well as the International Succession Law brief, so that readers have a general understanding of foreign inheritance, precisely because of the existence of these conflicts will generate foreign inheritance laws applicable below pave the way. The third part is the foreign inheritance laws apply principles of analysis \First of all, made a detailed introduction of the domestic law of the land on foreign inheritance laws applicable. Secondly, the international harmonization of legislation \Next, the article on the new development of foreign inheritance combing and discusses in detail the principle of autonomy, with the closest connection principle in the field of foreign inheritance. The fourth part is \Discussion on the the International Succession Law of the main provisions of the General Principles of the Civil Law of the People's Republic of China \However, these provisions are still unable to cope with various situations arise in the field of foreign inheritance from the judicial practice, can be found where the problem lies. Discussion of the legislation and practice, and finally summed up the the International Succession Law deficiencies. The fifth part of the \The articles here, into the focus of the article and the end result. By the foreign inheritance laws applicable provisions discussed above, to learn from the deceased's estate inheritance laws applicable Convention and the relevant provisions of the Hague Wills mode of disposition law applies Convention, International Succession Law and adapt to new trends, and to our country the International Succession Law proposed superficial legislative proposals, including foreign inheritance laws applicable to the legislative system, the general law of the foreign inheritance applies the principle of autonomy principle, the principle of the closest connection, intestacy laws applicable principles and no successor to the property's legal principles applicable and so on.

Research on the Applicable Law of China Foreign Succession

Abstract

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