The Study Of Law Application In Testamentary Inheritance With Foreign Elements

The process of globalization in today’s world is constantly advancing. With the deepening exchanges in political, economic, and cultural of countries, transnational civil actions are also increasing, which brings communications and conflicts from different legal provisions of countries, foreign testamentary succession is a microcosm of such communications and conflicts.In the private international law, foreign testamentary succession is a special inheritance system with foreign elements added in the civil legal relations of testamentary succession. Because of the foreign inheritance legal relation has both personal and property legal nature, a country’s factors, such as cultural traditions, customs, historical evolution, social system and so on, will have an impact on the provisions of the inheritance of legal system, so different countries have different laws. The differences of law have the significant impact on the rights and obligations of the parties. Then, referring to testament succession relationship of countries, the Interpretation and selection of different laws become an important issue before the judge. This paper is from the start of legal issues of foreign testamentary succession, study the testament succession system as the center, elaborate the conflicts of foreign testamentary succession, jurisdiction of testamentary succession, dispute application of conflicts law and so on. Moreover, through a comparative study of principles of application of law in international two law families, which intends to find more appropriate entry point for our national conditions and international environment.The author is also based on research the "People’s Republic of China foreign-related civil relations applicable law" that was implemented in2011and "Interpretation of Several Issues applicable application of law of foreign-related civil relations” that was implemented in2013, and analyzes their advantages and disadvantages. In this law, our country made provisions and added some provisions by judicial interpretations for the issues about foreign testamentary succession. At this time of the third anniversary of the law to be implemented and the first anniversary of judicial interpretation, making appropriate analysis and summary to this series of legal documents and putting forward appropriate legislative proposals will benefit the process of judicial reform.This paper intends to use four parts to study the related issues about application of law of foreign testamentary succession. In the first part, I will define the concepts of foreign testamentary succession; In the second part, comparing the intestate succession system in different countries, I will summarize the relevant legal issues concerning the field of foreign intestacy; In the third part, according to different types of application of law of foreign testamentary succession, comparing the provisions of application of law of foreign testamentary succession in the two law family and different countries in the word, I will put forward some solutions and principles about solving conflicts of foreign testamentary succession. In the fourth part, combined with the foregoing discussion, I will comment on laws and regulations in our country and made proposals for legislation for our foreign testamentary succession.