The Debate Between Unitary System And Scission System Of Foreign Inheritance

The unitary system and scission system of law application in foreign inheritance have been an important and research worthy topic in the field of private international law.In addition to the three major international legislation already existing.The latest Act on the Succession of the European Union(hereinafter referred to as the "European Parliament and the Council of the European Union" The Acceptance and Enforcement of the Judgment,the Acceptance and Enforcement of the Judgment and the Acceptance and Enforcement of the Certificate,and the Regulations on the Establishment of the European Inheritance Certificate,No.650/2012,hereinafter referred to as the "EU Succession Ordinance".Has been formally implemented in EU member states.From the content of these rules,in the application of foreign law on the succession of the unitary system,and China's foreign-related succession has been adopted in the principle of differentiation system legislation,legislative differences will allow different countries in foreign-related successor The choice of law applies to the occurrence of very large conflicts,which is related to the vital interests of the parties.The first chapter of this paper mainly introduces the meaning of the topic and the literature review.In the second and third chapters,the author introduces the meaning and background of the unitary system and the difference system,and analyzes the difference and the pros and cons of the two from the theoretical point of view.Of the five main controversial focus for further analysis.Then,in the fourth chapter,we mainly analyze two representative extraterritorial legislation,and make an important discussion on the legislative background,content and the preference of the unitary system and the scission system.Finally,in the fifth chapter,it is aimed at the specific situation of our country,and from the perspective of jurisprudence,we put forward the suggestion of applying the unitary system in the field of foreign inheritance.At the same time,through the analysis of the system,we understand the historical background and reasons of our country's adherence to the scission system,and further explore the shortcomings and shortcomings of the legislation in the field of foreign-related inheritance,and on the basis of the same proposal,The softening of the connection points and the strengthening of international judicial assistance.