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欧盟各成员国在涉外继承法律适用上一直存在着同一制与区别制的区分,对于属人法连接点也存在惯常居所与国籍两种不同选择。但是,欧盟于2012年颁布的涉外继承条例第21条对法律适用进行了统一规定,它采用了同一制,并选择了惯常居所作为属人法连接点。本文结合条例上下文及其准备工作的资料,对该条进行全面的分析,一方面可以观察到该条规定本身之科学与完备,另一方面可以看出该条如此规定最符合欧盟的现实需求,解决了欧盟在涉外继承领域所面临地诸多实际问题。
All member states of the EU have always had the distinction between the same system and the distinctive system in the law applicable to the succession of foreign countries. There are also two different choices of habitual residence and nationality in the connection point of personal law. However, Article 21 of the EU Inheritance Ordinance promulgated in 2012 provided for the uniform application of the law. It adopted the same system and chose habitual residence as the connection point of personal law. This article combines the context of the Ordinance and the preparation of its work, a comprehensive analysis of the article, on the one hand you can observe the science and complete provisions of the article itself, on the other hand can be seen that this article is most in line with the EU’s real needs, The EU has solved many practical problems that the EU faces in the field of foreign inheritance.