Foreign inheritance case law, Guangzhou foreign inheritance lawyer
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Aaron Lewis
A lawyer for 133 8002
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3014 42 True love inheritance disputes lawyers Service concept: sincere for you to pay, the true feelings for you cry! Guangdong East Star heritage dispute case of professional law firm lawyers the lawyer with a lot of litigation experience, analysis of foreign heritage as your inheritance should be how to apply the law! The foreign inheritance, according to different subjects, the applicable law can be divided into China citizen inheritance law and foreign citizens inheritance.
Applicable law 1, China citizen inheritance.According to the "law of succession" provisions in the seventh paragraph thirty-sixth, Chinese citizen inheritance in outside the people's Republic of China Heritage or inheritance of foreigners in the territory of the people's Republic of heritage, movable property shall be inherited legal domicile, immovable estate law of the location.Accordingly, we know China citizen inheritance:
(1) if the decedent lived abroad, heritage in the foreign matter or movable property shall apply to foreign law;
(2) if the decedent heritage in domestic, foreign, movable property shall China law, real property apply the foreign law;
(3) if the decedent lived abroad, heritage in the domestic real estate, then application of foreign law, property law applicable Chinese;
(4) if the decedent (must be foreigners living in the territory of the people's Republic of China), heritage in China, is movable and immovable property are applicable laws of china.
Applicable law 2, foreign citizens inheritance.According to the "law of succession" thirty-sixth provisions of the second paragraph of China citizens, foreign citizens in the territory of the people's Republic of China inherited the Heritage Inheritance in or outside the people's Republic of China Heritage, movable property shall be inherited legal domicile, immovable estate law of the location.Accordingly, we know, foreigners inheritance:
(1) if the heritage in our country, no matter be heir Is it right? Chinese, as long as he lives in China, is movable and immovable property shall be applicable laws of our country;
(2) if the heritage within the territory of China, the inherited living abroad life before the application of foreign laws, is movable, immovable property law in china;
(3) if Chinese citizens as heir, his heritage in foreign countries, and the citizens living in the territory, is applied to the real estate property law of our country, the application of foreign laws;
(4) as Chinese civil heirs if living abroad, heritage in the outside, is movable and immovable property shall apply to the foreign law.
In addition, in the treatment of foreign succession, all of the people's Republic of China has signed an agreement with foreign bilateral or multilateral treaties,, should be dealt with in accordance with the treaty, agreement about the inheritance of the regulations, but China declared reservations exception.