The Research On The Application Of Law Of Legal Portion In Foreign Succession By Testament

In the law of succession,in order to limit the absolute freedom of the testator,no matter what the title is,most countries in the world have maken provisions for "legal portion".However,countries are not at the same on the legislations and practices of "legal portion".Civil law system countries generally make the norms of the contents of "forced heirship" in the Civil Code,and in common law system countries,there is no Civil Code,the "forced heirship" often scattered in a variety of segregated laws.Therefore,in "legal portion",there are some differences on the scope of the rights of the owner,their order,their share of "legal portion" and the deduction of "legal portion",etc.SO conflicts of laws are possible,that in testamentary Succession, the application of the law of "legal portion" needs to be resolved."Legal portion" directly related to the content and effectiveness of a will,determined the extent of which the testator could dispose of their property,and of course determined the apply of the applicable law of succession as well. Countries in the world about the determination of the applicable law of succession,mainly adopt two difference systems:unitary system and scission system.China's current legislation on the issue adopted scission system,but the application of the law of testamentary succession has not been defined.Therefore,the testator often could not reasonably foresee the mandatory provisions that determine the effectiveness of a wills.The thesis mainly study legislations of "legal portion" and their application of the law in major countries by the comparative method,and discussed the relevant provisions with "legal portion" on Convention on the Applicable Law of Inheriting the Estate of Deceased in detail.Finally,for the law applicable of "legal portion",on the determination of the applicable law of succession,this thesis claims that unitary system should be adopt in our country,not telling differences between movable and immovable property.And also agree with that in determining the applicable law of the content and effectiveness of wills,the principle of autonomy should be limited introduced.To ensure that the testator' wishes to dispose of their property through his or her own probate will not be come to nothing for don' t comply with the mandatory provisions of relevant laws.