Study On The Foreign Law Applicable To Intestate Succession Issues

Intestate succession, as a way of inheritance, the legal system has been widely adopted invarious countries of the world, which means that the deceased testator way through its legacyproperty and property-related rights and obligations assigned to the heir of a kinds ofinheritance. The field of private international law of intestate succession relations adjustmentforeign elements, namely the three elements in the legal relationship among the factorsinvolved in the need for foreign factors.Our country is a country with many overseas Chinese, in order to better safeguard thelegitimate rights and interests of Chinese citizens and foreign nationals, and our legislationshould conform to the current international trend of foreign intestate succession, drawing oncurrent advanced international experience, combined with China the actual situation, theforeign intestate succession laws related to the application of in-depth research, and ultimatelymake the appropriate and complete rules."People’s Republic of applicable law in civilrelations with foreigners," was the Standing Committee of11th National People’s Congress bythe Seventeenth Meeting of October28,2010, and starting from April1,2011formallyimplemented, the good news is, in which the law applicable law enacted for the first time onthis new application of foreign law intestacy were clearly defined, to make up our country onforeign testamentary succession of legal gaps, but there are still flaws and shortcomings. Forexample, the effectiveness of foreign intestate succession laws are too simple, and the statuteprovides for testamentary effect too lenient in terms of time; there is no dividing all aspects ofintestacy substantial elements of the open, were opposing the testator’s capacity, Content wills,wills and explain revocation and change to make separate provision; whether the introductionof the principle of autonomy is ambiguous issues. Through comparative analysis of the legalworld to other legislation in the field of the provisions of the more advanced countries, andinherited deficiencies of law applicable to foreign wills against our country, come to your ownsuggestions and opinions through analysis and learn from foreign experience, intention toChina law play a sound effect.I intended to be legal application from the four parts of the foreign testamentary succession of in-depth study to explore:In the first part of this paper, the use of theoretical analysis approach to the concept ofinheritance, the concept of wills, intestacy concepts were analyzed in order to obtain a betterfinal testamentary succession foreign concept in understanding the meaning of the concept onthe basis of clear, summarizes the characteristics of foreign intestacy laws. Its main featurehas the following main laws: foreign factors, the complexity of the content and features of thelaw applicable to self-interests of stakeholders; and secondly, the part but also on new trendsin the field of international today were consolidated and summarized..Secondly, the use of the comparative method in the rest of the world’s conflicts and thelaw applicable to the legal aspects of foreign intestate succession were analyzed and discussed.At present, the field of private international law from the perspective of conflict of laws, isparticularly prominent foreign intestate succession law aspects of the conflict, the conflict oflaws, including legal wills roughly two elements of the form and substance of the red areas.Therefore, countries in the applicable provisions of foreign law of intestate succession are notthe same, there is a big difference. Based on the current national foreign-related legislationintestate succession laws apply comparative analysis of the world that, although foreigncountries for intestate succession laws applicable provisions there are significant differences,but at the same time there is also much the same place, that the majority of country is a "split"system to distinguish foreign intestate succession law provisions applicable elements of allaspects, first in the form of testamentary succession of foreign elements and substantialelements separated, and then followed in all aspects of wills substantial elements also brokenopen, were different then determine the applicable law.Once again, finishing on the terms of the provisions in the new law and regulationspromulgated before the new law on foreign intestate succession laws apply. Prior to thepromulgation of the new law on the provision of foreign wills succession is not clear, but alittle involved, in many respects the presumption applicable statutory provisions inherited, butthe new law will finally foreign intestate succession were clearly defined, although onlyinvolves two a statute only, but the move also has great significance, since the end of the legalapplication of the Act since new China foreign intestacy unable to follow the situation. Since only involves two articles, the law only to foreign intestate succession laws applicableprovisions briefly two aspects, I believe that there are still many shortcomings and defectswhich, therefore, based on the previous article, the existence of the Act problems are analyzedand discussed in detail below, made suggestions for improvement laid the reliable foundation.The last but not the lest,relating to our foreign wills author for the above proposedSuccession Law issues, try to improve the views put forward the following points: First, theexplicit inclusion of the principle of autonomy means; secondly, to increase the quasi heritagesites according to the effectiveness of law Wills law; again, the use of split system applicablelaw wills formal requirements and substantive elements of the various aspects of making aseparate provision; Finally, provisions should be strictly limited in terms of time of willseffect.