论欧盟继承法律适用条例与我国继承准据法的完善

The Regulations on EU Succession and the Perfection of the Applicable Law to Succession in China

继海牙《死者遗产继承法律适用公约》之后,2012年欧盟继承法律适用条例的出台是涉外继承法律适用立法在国际私法统一化运动中的一大成果,它代表了当今在继承法领域的发展趋势。我国大陆地区与台湾地区于2010年通过修订旧法或制定新法,也使得两岸涉外继承法律适用法均得到了进一步完善,但与欧盟法律适用条例相比还有一定的差距。本文通过梳理欧盟及我国涉外继承法律适用的立法,通过适当的横向比较,以期对我国继承法律适用的发展,甚而区际法律适用的冲突的协调有所启发。

The adopting of the EU Succession Regulation in 2012 which seems to represent the future trend is another great achievement in the process of harmonizing private international law for succession since the publishing of Hague Convention on the Law Applicable to Succession on Estates of Deceased Persons. Compared with it, the foreign-related applicable law to succession in China has been further improved through the enacting or amending the applicable law for foreign-related civil relations in China's Mainland and Taiwan, but there is still a long way to go. On the basis of introducing the rules on application of the law to succession, this paper aims to inspire the development of the applicable law to succession, even the harmonizing of the interregional conflict on laws in our country.