The Enlightenment To China Of The Application Of Law For Foreign Succession In The European Succession Regulation

Foreign succession legal relation is an important part of foreign civil legal relations.On the one hand,it is related to the transfer of the property ownership of the decedent and on the other hand,it is related to the stability and harmony of family ties.The application of law is an important aspect of foreign succession legal system.Compared with the old legislation,the rules of the applicable of law for foreign succession in the Law of the Application of Law for Foreign-related Civil Relations of the People's Republic of China is more detailed,more comprehensive,but there are still some gaps and shortcomings,for example,as for the application of law for foreign statutory succession,it adopts the differential system,as for the application of law for foreign testamentary succession,it excludes the principle of autonomy of will,and the application of law for the substantive validity,alteration,revocation and interpretation of the will is ambiguous.The European Succession Regulation,which came into force on 17 August 2015,is the latest legislative achievement of the European Unification of Private International Law in the field of foreign succession,which reflects a higher level of legislation and a trend of international legislation,and is illuminating to the perfection of relevant legislation in China.Although the EU and China are different in social systems and legal traditions,they share certain similarities in the common problems for foreign succession.It might as well examine the application of law for foreign succession from the perspective of foreign laws,so as to better grasp the application of law for foreign succession and improve the legislation of application of law for foreign succession in China.This study uses normative analysis method,literature research method and comparative research method to study the application of law for foreign succession in the European Succession Regulation,trying to achieve the following objectives:(1)To clearly introduce the rules of the application of law for foreign succession in the European Succession Regulation.(2)To conduct in-depth research on the key parts of the application of law for foreign succession.This study considers that there are at least three research issues worthy of attention: “the determination method of habitual residence in the European Succession Regulation”,“the most closely related principleof the application of law for foreign succession in the European Succession Regulation” and “the principle of autonomy of will in the application of law for foreign testamentary succession in the European Succession Regulation”.(3)Combined with the beneficial practices in the European Succession Regulation,it proposes improvements to the problems in the application of law for foreign succession in China.This paper is divided into three chapters.The first chapter summarizes the European Succession Regulation,mainly analyzes the legislative background and legislative process of the European Succession Regulation,and introduces the application scope and main content of the European Succession Regulation.The second chapter mainly analyzes the application of law for foreign statutory succession and testamentary succession in the European Succession Regulation,as well as the application of other law for foreign succession.In the analysis,the three important issues mentioned above are discussed in depth.Finally,it evaluates the application of law for foreign succession in the European Succession Regulation.The third chapter analyzes the existing problems in the legislation of application of law for foreign succession in China,and puts forward suggestions to improve the legislation of application of law for foreign succession in China by combining with the beneficial practices of the application of law for foreign succession in the European Succession Regulation.