The Research In Applicable Law Of Foreign Testamentary Succession

The will is described as an unilateral legal act of the deceased as to the disposition of his or her property and in relation to certain other matters to take effect upon of after his or her death. The testamentary succession is one of the succession based on the valid will made before the deceased's death. And this system is recognized by the laws all around the world.The validity of will is concerned with capacity, formal validity, construction and so on. The legislations are different among countries, consequently the settlement of applicable law is the most important content in the international private law.With the increasing foreign cases,how to establish the applicable law as to the testamentary succession in China? This is the substance in this dissertation.The whole dissertation is divided in five chapters, on twelve thousands words.'Introduction' is the syabllus for the whole dissertation. This section expatiates the topic, the research situation and research scope.Chapter 1 'the Civil law of foreign succession'.This chapter has four sections. Civil law is the basement of international private law. In contract with legislations of many countries, the conflict of laws happen.Chapter 2 'the will'. In contract with the capacity, construction, revocation, enforcement ,explanation of the will regulated in different countries, the writer discusses the will in all aspects.Chapter 3 'the comparing Research and Comment on the law applicable to testamentary succession '.In this chapter two main legal system will be introduced and the statutes of each country as well. According to the comparison, the best legislation will be choosed.Chapter 4 'the Convention of testamentary succession '. 'The Hague Convention of the law Applicable to succession to the Estates of Deceased Persons of 1988' and 'The Hague Convention of 1961 on the conflict of laws Relating to the Form of Testamentary Dispositin ' are the key points in this chapter.Chapter 5 'the Research of Chinese law applicable to testamentary succession'. This chapter introduces the draft of civil law, the draft of CUPL and the draft of Wuhan University. On the basic of the comparison with this three drafts , the writer point out the legal precept of applicable law in Cina.