No Successor To The Application Of Property Law

As far as the research on the law of 'property without successor' concerned, until now scholars in the field of private international law have not paid so much attention to it. The domestic and foreign scholars just focused on the recognization of the right of 'initial occupation' and the right of inheritance, and they try to introduce and analyze various countries' existing legislation through these recognization. Therefore never a viewpoint contended with and controversy has formed, also the best even not-bad suggestion on related legislation has not been able to put forward yet. Domestic scholars recommended this issue only while they study on the relation of inheritance, but did not further the study deeply. In the progress of searching related materials the author of did not discover any spedal academic essays and papers on the issue. Meanwhile, in the legal practice, different countries formulated different law based on the different guiding ideology, different theory foundation and different national interests, thus the legal conflicts appeared in the field and prevented countries' communication. The practice provided a very good topic to the fundamental theory research, but the theory has not been able to guide the practice in reply. Based on the situation of legislation at the aspect of the 'property without successor' dose not change so much at present, scholars' theoretical conduct and instruction is necessary to the legislation practice therefore.PartⅠ, the author carried on the questions of foundam-ental theory of 'property without successor' as the starting point and made comparisons afterwards. Through the contrast analysis with 'property' and 'nobody-acknowl-edged property' as well 'property without successor' and 'property without successor in ancient times', the essential differences of the four kinds of notion have been specified, thus we get clearer understanding on the aspect of the nature of 'property without successor'. At the same time, through the comparison between various countries' legislation practice, well-known scholars' viewpoints and the two kinds of theories which named "the right of inheritance" and "initial ocoapation", we made sense of the rights and duties of above-mentioned. At last the author reviewed the theory of 'property without successor' briefly. PartⅡstates the huge gap between different countries' legislation in terms of range of successor, entitled shares, reserved shares, and range of successive property. Hence, on judging whether decedent's certain property is property without successor or not, difference conclusions may be made based on different countries' law. Law conflicts appeared usually Because of above-mentioned reasons, this part began with how to resolve the problems of the appliance of law in 'property without successor', furtherly turn to the controversy of the theory of 'the right of inheritance' and 'initial occupation', then step into the dispute between 'native law' and 'law of location' which fell into the theory of 'the right of inheritance', therefore the author made conclusions through the analysis and comparisons accordingly.PartⅢmainly introduces application of law over the ownership of property without heirs, including separate analysis of unitary system and scission system, different principles of application of law over the ownership of property without heirs, and factors which should be taken into consideration when applying those principles, etc. While dividing unitary system from scission system, this part emphasizes on analysis of advantages and disadvantages of each system. In addition, on combining development of different countries' legislation practices, the developing trend of Unitary Succession System is concluded and establishment of principles on this basis is advocated.The issue of property without heirs involving foreign factors has been increasingly prominent, while Chinese legislation still has no relevant rules dealing with it, PartⅣstates the great need to bring some principles formed in practice into legislation. On the other hand, it's not proper with the present Succession Scission System in Chinese legislation, and the present rules on succession conflict with rules in ChapterⅨof Civil Code draft, hence, this part will also bring forward personal opinions on principles of application of law over the ownership of property without heirs.