The Legal Conflict And Applicable Laws Of Foreign-related Testamentary Succession

Modern society, science is essences and the transportation is convenient, the various countries and regions of the commercial intercourse between people increasingly frequent, foreign-related civil and commercial legal relations emerge, connected with this intercultural inheritance relationship is also widely occur. Because this inheritance relationship usually involve two or more countries or imputed produces correlation, involving different countries or legal, and the applicable laws for different countries or on the parties, has a great influence on the rights and obligations. The reason for this, because so far, about foreign inheritance law applies, although countries and across jurisdictions are regulations will its distinguish legislation for statutory succession and testamentary succession, then respectively determine different laws apply. But since countries political, economic, cultural and historical tradition and the different religious beliefs, the national laws varies widely divergent, especially, some even testamentary succession law in foreign countries, the suitable problem on legislative and judicial practice, there are big differences of fierce conflict of laws. Not only that, the theory of foreign-related legal application testamentary succession also dispute quite a lot. Discussing deeply foreign-related legal conflict and testamentary succession of applicable law, not only directly related to different countries or.it is the realization of the inheritance, and related to the construction of harmonious society of international relations, even influenced the relationship between the relevant countries. Because foreign every party testamentary succession has his own country for support, foreign-related testamentary succession field, ultimately any dispute may have evolved into disputes between countries. Visible, in people-oriented unceasingly thorough popular feeling and increasing respect of party autonomy, discussion today testamentary succession law concerning foreign affairs conflict and applicable laws, not only has very important practical significance, and the society is extremely important theoretical significance.This paper mainly divided into the following four parts: The first part, explains the meaning of foreign-related testamentary succession and features. So-called testamentary succession, refers to foreign testamentary succession legal relationship of the subject, object or legal fact these three elements have one or more, and for foreign factors involved in different countries or regions of the inheritance law applies. Foreign inheritance has the following main legal features:(1) Namely, the subject of testamentary succession relationship or object or legal facts, and the applicable law and foreign or imputed produces correlation. (2) The complexity of the applicable laws. Namely the testamentary succession relationship may applicable laws complex, some provisions of the state for a legal, unified regulations will others testamentary succession segmentation for such way, wills will validity, heritage management matters, the ability of the testator aspects for different laws, respectively. Not only such, because this inheritance by the applicable laws of the influence of traditional country history culture, so far there is no unified substantive norms, can only apply for follow the conflict rules of related. (3)The testamentary succession often accompanies the cause and the use of reservation of public order system, so as to eliminate apply the foreign law, achieve the purpose of safeguarding the rights.The second part, analyze the testamentary succession conflicts of laws concerning foreign affairs. Foreign-related testamentary succession aspects of conflict of laws is the legal conflict in private international law is one of the most violent areas. At least it performance in the aspects:will the legal conflict way; The legal conflict will effect; The testator ability of the conflict of laws; The legal conflict will content; Will change, revocation and explain the legal conflict.The third part, comb and discussed the relevant foreign world testamentary succession law applicable legislation and practice. Despite the current world is about testamentary succession law concerning foreign affairs varies, but most of the country is using "segmentation system" to determine testamentary succession law applies concerning foreign affairs. Upcoming foreign-related testamentary succession divided into wills way, wills effectiveness, the testator ability, wills content, testamentary alteration and cancellation and explanations of different aspects, then respectively determine different laws apply. Which way is the most countries will adopt the conflict rules of unconditional selective applicable laws applicable to determine the way; Mainly used a testator will effect of, or is applicable laws on the testator nationality, or is applicable national law the testator's has his domicile or where his habitual residence laws, but also have a few state regulations; the law of the location for heritage Testamentary alteration, revocation and explanation.The fourth part, discusses about testamentary succession law concerning foreign affairs in the provisions of applicable. Long-term since, our country civil law and other relevant laws and relevant judicial interpretations, just stipulated foreign trading affairs statutory succession law applies for foreign-related testamentary succession, and the applicable laws haven. The good news is that since April 1,2011 the promulgation of the People's Republic of China law applicable law foreign-related civil relationship (hereinafter referred to as the law applicable law) chapter 4 article 32, article 33 testamentary succession of foreign-related legal application made specific provision which ended over a new leaf China testamentary succession since the applicable laws concerning foreign affairs in accordance with the situation was not. Yet the law applicable law will also only will effect of wills mode and the applicable laws, and made a provision of the ability of such as the testator, wills content and testamentary alteration and cancellation and explain the applicable laws such problems were not as regulation, these problems to future legislation be perfected.