The Studying Of The Applicable Law Of Foreign-related Testamentary Succession

With the continuous development of social progress, more and more convenient transportation, the communication among nations is becoming more and more frequent, foreign-related civil and commercial legal relations unceasingly, thus in testamentary succession laws problem produce some conflict. Although the countries concerned about testamentary succession law has more or less provisions shall be applicable, but because of the social background, customs and habits, and development level is different, the applicable law of foreign-related testamentary succession legislation is also different, some even are opposite. Because the testamentary succession legal relationship has dual nature, so a great influence on the rights and obligations of the parties. Applicable law of foreign-related testamentary succession not only relates to the realization of the inheritance of the parties, and relationship to the state and peaceful co-existence between countries, and even affect the world’s common development and progress, so it is particularly important to testamentary succession of applicable law. Because all the citizens are all have their own motherland behind it, so a testamentary succession legal relationship could eventually turn into countries and disputes between nations. Visible, foreign-related testamentary succession legislation either of the parties, or to the society, the state has very important meaning.This paper mainly divided into the following four chapter expounds:The first chapter, the concept and characteristics of testamentary succession involving foreign elements. Testamentary succession of concerning foreign affairs or foreign nationals, refers to the testamentary succession legal relationship of subject, object, or the legal fact has one or more than one contact with foreign or foreign law field. Foreign testamentary succession characteristics: a She Wai Xing namely foreign-related testamentary succession, the main body and the object of legal relation and legal facts elements such as legal application, at least more than one is the foreign factors, namely at least more than one contact with abroad or outside of law field. Two of the complexity of the legal application, because some countries to foreign testamentary succession changes, such as the content of the will to distinguish, apply different laws. While some countries apply the same law. So the testamentary succession applicable law may be complex. The interests of the three related bootstrap, testamentary succession legal relationship concerning foreign affairs is not only related to the interests of the parties, also related to the interests from country to country. Because about testamentary succession legislation concerning foreign affairs between various countries differ in thousands ways, so which country has the serious influence to apply to the interests of the parties.The second chapter, testamentary succession of conflict of laws concerning foreign affairs. This paper wills ability, wills, wills content is invalid, and will form of conflict of laws is discussed respectively. Also discusses the relevant countries to foreign legislation situation of testamentary succession of conflict.The third chapter, some countries has been compiled for foreign-related testamentary succession law applicable legislation and practice. While countries of foreign-related testamentary succession law applicable provisions of the state, but half of the countries are adopting this principle "division system". This paper will ability applicable law concerning foreign affairs, interpretation of applicable law, the validity of the applicable law, the content of legal application, cancellation of the applicable law, the applicable law of respectively in this paper. The effectiveness of most countries which will apply decedent nationality law, belongs to the people of decedent method, the decedent of domicile or habitual residence, but also in some places for heritage is located; Will cancel or the decedent’s estate law shall apply in national law; Will approach in most countries are two or more than two applicable law, the court can be any one of the applicable law shall apply.The fourth chapter, the testamentary succession applicable law concerning foreign legislation and perfect. In China 2011 years ago the applicable law of foreign-related testamentary succession is blank, 2011 of the law applicable method to testamentary succession, ending a foreign-related testamentary succession blank. Although our country with respect to the manner of foreign-related effectiveness and foreign-related direction law applicable to a clear stipulation, but also has a shortage and to improve the place. Such as the ability to foreign content and foreign-related direction and foreign-related will explain, alteration, cancellation, etc are not rules, hope I can have a more comprehensive and perfect legislation.