Foreign Inheritance System Of The Nanjing National Government Period Investigated

Foreign inheritance system means that the decedent died or declared dead, the law of all of its personal property and other legitimate rights and interests, transferred to others and have a legal system of foreign factors. The occurrence of foreign inheritance require a relatively open environment, Nanjing National Government, Shanghai, due to special historical reasons, there is the International Settlement and the French Concession, a large number of foreigners in this gathering, in order to provide the main foreign-related inherited cases. 1937-1949, due to the ongoing war, a large number of foreigners in the war in Central Africa died of natural causes, the Shanghai region, frequent foreign inheritance cases, some cases involved more than the main body, continuing a long time a great impact on the national government in Nanjing during the newly created foreign inheritance system is undoubtedly a severe test. In 1931, China has experienced a long legal reforms enacted after the first with a modern sense of the law of inheritance, for foreign-related solution to the problem of succession, provide the relevant legal basis. The face of frequent succession of foreign-related cases, to explore new inheritance laws formulated by the application of the case.Nanjing National Government had a difficult period of the Republic of inheritance modern transformation of modern private international law has taken shape, foreign inheritance system began a slow development, which for the Shanghai region inherited a large number of foreign-related cases provide a basis for settlement. By Shanghai Archives collection from 1945 to 1949 Shanghai district court's 102 foreign-related cases of the overall analysis of the case type, trial type, access mode of inheritance, was heir to the cause of death, the applicable law in various aspects of statistics and quantitative analysis and a high proportion of the total cases of the "v-fat heritage of the Executive management certificate" cases of system analysis and found that foreign-related cases, the applicable law of succession species are more in order to inherit as the main way of statutory succession law is applicable to the same system with a prototype of the modern private international law. By the Republic of Kazakhstan during the Shanghai's prestigious heritage with a huge dispute cases adjudicated micro-analysis has demonstrated the transformation of our inheritance law changes in the process of modernization, while the Nationalist government in Nanjing during the foreign-related cases in the system and the legal system of judges to show the Republican period independent judicial system. Independence of the judiciary system in the build process the text appears in the gap between law and reality while demonstrating the unique legal culture of the Republican period.By analyzing the Nationalist government in Nanjing foreign inheritance system to remain in the special sub-system, the executor system, screening out the social effects of China's modern legal system can be used as reference of the office for the succession of modern foreign legal system built to provide shallow recommendations.