涉外遗嘱继承的法律适用模型

On Legal Application Model of Foreign-related Testamentary Succession

《中华人民共和国涉外民事关系法律适用法》对涉外遗嘱继承的法律适用有较完备的规定。总体而言,涉外遗嘱继承关系中不同情形下的冲突规范适用有四种模型,将其与我国司法实践进行对比,可以发现实践中仍存在误用的情形,反映出人们对国际私法理论的误解。只有厘清这些问题,才能更好地适用冲突规范,以解决相关的涉外民事争议。

The Law of the PRC on Application of Laws to Foreign-related Civil Relations has relatively complete provisions on the law applicable to foreign-related testamentary succession. Generally speaking,there are four models of the applicable norms of conflicts of foreign-related testamentary succession in different situations. Comparing them with the judicial practice in China,it can find that there are still misuse situations in practice,which reflects people’s misunderstanding of the theory of the international private law. Only by clarifying these problems can it better apply the conflict norms to solve the relevant foreign-related civil disputes.