Research On The Application Of Law For Foreign Succession

The order and share of succession and other questions closely related to the successors’ interests will be finally determined by the application of law for foreign succession,《Law of the Application of Law for Foreign-Related Civil Relations of the People’s Republic of China》has specially ruled the application of law for foreign succession with a separate chapter. But the above code can only act as a role of guiding the judicial practice in our country, many deficiencies still remained. With deep analysis of the code, this paper gives advice on how to improve the rules.This paper is divided into four parts. The first part is a summary of the total rules about foreign succession in our legal system, and rules of the fourth chapter of the above code are the law in force.The second part is analysis of chapter four. The Doctrine of Autonomy of the Parties can’t be used, while the Doctrine of the Most Significant Relationship was introduced into the rules. Still, we doubt whether foreign statutory succession adopts scission system, and foreign testamentary succession adopts unitary system. Besides, there is no time limit about the application of law for heritage management and the meaning of heritage management needs to be defined.The third part is theoretical reflection about how to improve the rules about foreign succession. It mainly deals with value orientation of the rules, methods of choice of law, renvoi and reservation of public order, and how to choose between unitary system and scission system.The fourth part is about reconstruction of proper law for foreign succession. The proper law for foreign succession and testamentary should be ruled separately.