对完善我国跨国法定继承法律适用立法的思考

随着国际民商事交往的加强和我国经济体制改革的推进,大量的涉外继承案件也随之涌现。由于世界上各个国家调整其国内继承法律关系的规定千差万别,这一领域的国内立法的健全与完善对解决大量涉外继承案件显得极为重要。然而,国内有关涉外继承法律适用的现行立法,在法定继承方面,存在有待完善之处,甚至是立法空白。为此文章拟对上述的问题进行探讨和分析,同时,在涉外法定继承方面的连接点选择上,主张提升国籍这一连接点的地位。

Thoughts of the Improvement of Cross-national Legal Systems concerning Succession Cases

With the enhancement of international civil and commercial relations and the economic reform development of China,abundance of succession cases with foreign elements is coming forth.Owing to the quite differences of different countries＇ legal systems concerning succession cases,succession problems with foreign elements is regulated by the great majority countries with indirect regulation method based on the objective connecting factors such as domicile,habitual residence,nationality and the sites of property and so on.Therefore,it is extremely necessary to establish effective and sound legal systems on this area for the resolution of the succession cases with foreign elements.However,there is still long way to go in perfecting Chinese legislations on succession problems with foreign elements,both in the application of legal inherit and inherit through a will concerning foreign elements.This article is mainly about the study on the problems above through the comments on Article74 of the Civil law of People＇s Republic of China（Draft）.Based on the Chapter 9,Article 74 of the Civil law of People＇s Republic of China（Draft） and the analysis on the related domestic and international provisions,the writer here indicates that it should upgrade the status of nationality.