A New Way To Solve The Conflict Of Legal Conflict Between China And Hong Kong And Macao

In the field of civil law, the inheritance is a very complex legal system. As China is a country with multiple legal fields, the inter-regional conflicts of the inheritance are very common. However, up to now, there is still no legislation to solve the problems of such inter-regional conflict.The methods to solve inter-regional conflict of laws include the reunification of substantive law, application of private international law by analogy and the reunification of inter-regional conflict rules. It turns out that the reunification of inter-regional conflict rules can be an ideal solution.As to the applicable law of cross-border inheritance, there are two opposite systems, the unitary system and scission system. In accordance with <PRC’s Applicable Law of Foreign-Related Civil Relations>, the statutory succession is governed by scission system, while the intestate succession is governed by unitary system. Also, there are several international efforts to solve the problems of cross-border inheritance, such as <Convention on Conflicts of Laws relating to the Forme of Testamentary Dispositions>, and Convention on the Law Applicable to Succession to the Estates of Deceased Persons. However, it is difficult to reconcile the interests of all countries by these conventions, and thus it can not fundamentally solve the problems of cross-border inheritance issue.European Union Regulation No.650/2012enacted on June2012aims at harmonizing the conflicts of cross-border inheritance within EU nations. Therefore, it shows a great significance as to our legislation on the inter-regional conflicts of inheritance.