Foreign Intestacy Law Applies

As a system that come from society development ,succession is emerged along with Private Ownership. Long long ago, succession system has been established in Rome Law Age. But at that time succession system was a universal succession that contained character succession and property succession. Now, secession system is only involved in property succession in every country's Civil Law and Commercial Law. Succession system included in testate succession and succession by testament.Will is a written wishes of a person in regard to sharing his property according to law among his near kin and become effective after his death. Succession ex testamenta is one way of succession which determines the inheritors and disposes of the estate in accordance with the will made by the testate. It is the other side of the interstate succession. Among the two methods of inheritance, inheritance by operation of law is still the dominant one, while succession by testament is favorable for the testate to dispose of his estate in accordance with his own will. Compared with the system of inheritance by operation of law, the system of succession ex testament a is privileged in effect. With the development of the ecnomy, the system of succession by testament has displayed its usefulness and its significance.And yet, in the filed of private international law ,it is a foreign succession, succession by testament system is also involving foreign elements. Succession system is not only related to property law, debt law, but also related to relatives law. And the conflicts of every country's interest in this field is very sharply, the difference of the article of the law is very obviously and difficult to unite. So there also has not a united substantive rules about foreign succession now. Every country resolved the conflict of foreign succession only by domestic conflict rules and the united treaty of conflict. The conflicts of foreign succession by testament are inevitable. On this point, it is a very important problem that coordinated every country's law of conflicts of foreign testament succession and defined the application of the law.