Font Size: a A A

Study On The Legal Conflicts Of Regional Statutory Succession In China

Posted on:2011-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:J R LiuFull Text:PDF
GTID:2166360305495475Subject:International Law
Abstract/Summary:PDF Full Text Request
Since Hong Kong and Macao has returned to China, the unity across the Taiwan Strait has already been a historical necessity. Therefore, the jurisdiction in China has changed from a single system into a multi-state jurisdictions. The exchanges among the mainland, Hong Kong, Macao and Taiwan people is frequent in a large scope, thus, the problems of family relations and marriage increase with the Hong Kong, Macao and Taiwan. However, the succession system of Hong Kong, Macao and Taiwan are different as well as on the application to the succession law. The legislation of regional private law in China is rather scarce and develops slowly, which makes the inheritance in inter-district disputes become very complex and cause many inter-district cases to be difficult to resolve. As a result, it is necessary to get the way to resolve the regional conflict law.This paper exploits the methods of comparative analysis and enumerating to analyses the differences between the statuary succession in different regional places from the aspect of substantive law and application of the succession law in China. On this basis, the author puts forwards the suggestions to solve the problems of conflict law of the proposed succession of each jurisdiction so to perfect the application to the succession law.In addition to the preface and conclusion, the essay contains four parts.The first part focuses on the legislation of regional legal succession, introducing the relevant provisions of statutory succession in mainland, Hong Kong, Macao and Taiwan.The second part analyzes the differences between the different places in the perspective of legal successor's order, quota and scope to pave the way for the discussion of the following part.The third part studies the application of the systems and principles of regional statutory succession to compare the personal law of decedent and the law of property located, based on which the author gives the suggestions to perfect the law of statuary succession in China.The fourth part analyses the solutions to the regional statuary succession law based on the first two parts. The author developes the applicable method from the unification of substantive conflict law. Besides, the author draws on the legislative recommendations of the countermeasure systems, the most significant relations and jurisdiction on the theory of private international law in China.
Keywords/Search Tags:Statutory succession, lex situs, personal law, renvoi, the doctrine of the most significant relationship
PDF Full Text Request
Related items