Research On The Legal Application Of Foreign-related Testamentary Inheritance Relationship

The intensified interactions from immigration,overseas investment and transnational marriage have led to the multiple interlinking between Chinese and other nationals in terms of status and property relations.Due to the differences in institutional background,traditional and other contributing factors,the legal conflicts arising from testamentary succession among different countries have become more aggravated.The Law of the Application of Law for Foreign-related Civil Relations which came into effect on April 1,2011 has established the conflict rules on succession,article 32 and 33 have regulated the proper law on form and validity of a testament,which became the two pillars of foundation of conflict rules in dealing with the foreign testament succession relations in judicial practice of our country.However,under the analysis of legislation and the judicial practice,there appeared certain problems on the above mentioned conflict rules.This thesis will sort out and summary the said problems,build up strong arguments,connect with the advanced experience in extraterritorial legislation and eventually offer precise supplementary suggestions for the applicable law of foreign testament succession relationship.This thesis is consisted of four parts besides the introduction and epilogue.The first part of the thesis determines the definition of the content of foreign testament succession relationship.A series of problems such as the application of old and new law,the pattern of legislation,the understanding of "the form of a testament" and "the validity of a testament",the co-existing of unitary and scission systems will surface through clarification aiming at the application rules of foreign testament succession relationship law of our country.The second part is the analysis on overall status of judicial practice through lawsuit and notarization,the two paths of achieving the right of foreign testament inheritance.Such analysis will lead to the discovery on preference on adopting lex fori in judicial departments,the expansion of application of the principles of autonomy of will and closest connection,failure in the unified application of conflict rules and the obstacle in ascertainment of foreign law in notarization organizations.The third part will introduce the legislation on testament inheritance conflict rules of foreign countries,Hague Convention and the European Union,with a close-up on Regulation(EU)No.650/2012 of the European Parliament and of the Council of July 4,2012.The introduction reveals the trend of inclination on unitary system,the partial reference to the flexible combination of the principle of autonomy of will and the principle of closest connection on legislation of inheritance in the modern world.Such trend will provide productive example in the consummation of relevant system in our country.The fourth part embarks on the solutions extracting from the analysis of the previous parts of this thesis,suggesting that the improvement of conflict rules of foreign testament inheritance law shall be implemented in four aspects,namely:the improvement of establishing the conflict rules;the adoption of scientific connections and soft-landing procedure;the clarification on the adaption pattern in accordance to authority on international private law;the perfection of applicable regulations on notarization activity law.The implementation of such suggestions will contribute to the creation of a judicial environment of fairness and justice.