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随着我国对外开放政策的贯彻执行,我国公民与外国人的交往日趋频繁,各类涉外继承案件与日俱增。所谓涉外继承,就是在继承法律关系中的主体、客体、法律事实这三个要素中,有一个或一个以上为外国因素(或叫外国成份)的继承。涉外继承关系能否妥善处理好,直接关系到国家、社会和公民三方面的权益,也影响到国家威望和对外开放的正确实行,我国《继承法》在第36条就涉外继承专门作了规定,为我们处理涉外继承案件,提供了一定的法律依据。现对涉外继承案件审判实践中所涉及到的一些问题,谈一点粗浅的看法。
With the implementation of the policy of opening to the outside world of our country, the interaction between our citizens and foreigners has become more frequent and the number of cases involving foreign inheritance has been on the increase. The so-called foreign-related succession means that one or more of the three elements of the subject, object and legal fact of succession are the succession of foreign elements (or foreign elements). Whether the succession relations between foreign countries can be properly handled is directly related to the rights and interests of the state, society and citizens. It also affects the prestige of the state and the correct implementation of the policy of opening to the outside world. The Article 36 of the “Succession Law” , Provided a certain legal basis for our handling of foreign inheritance cases. Now on some issues involved in the trial practice of foreign inheritance cases, to talk a little superficial view.