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The New Conflicts Rules for Family and Inheritance Matters in China

Yearbook of Private International Law (volume XIV, 2012/2013)

Posted: 18 Sep 2013  

Weidong Zhu

Institute of West Asia and African Studies, CASS

Date Written: September 16, 2013

Abstract

On April 1 2011, the new private international law code "Act on the Application of Law of Foreign-related Relations" came into effect in China. It is in the family and inheritance areas that the new act introduced the most changes. Compared with the repealed provisions, the new provisions on the family and inheritance matters incorporated some new developments of private international law, e.g., the party autonomy adopted in the abscission of matrimonial property, the principle of protecting the weaker party in parent-child relation, the test of alternative connecting factors for determining the validity of wills. However, there are still some loopholes or ambiguities in the new provisions which need clarification and interpretation from the Supreme People's Court in China in the future practice.

Keywords: private international law code, China, family, inheritance

Suggested Citation

Zhu, Weidong, The New Conflicts Rules for Family and Inheritance Matters in China (September 16, 2013). Yearbook of Private International Law (volume XIV, 2012/2013). Available at SSRN: https://ssrn.com/abstract=2326379

Weidong Zhu (Contact Author)

Institute of West Asia and African Studies, CASS ( email )

China Acememy of Social Science
Beijing, 100007
China

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