영국에서의 국제상속에 관한 준거법 결정기준과 그 시사점

The essential point of decision standards of the law applicable to international succession in England is the flexibility. The flexibility is conformed properly from points of a respecting a testator’ will and an extending of connecting factors, in case of decision of the law applicable to both movables succession and immovables succession. In this era of globalization, disputes on international succession will arise continuously. In such a case related nations will try solving according to the applicable law regulated in their private international law. But just now It is difficult for interested parties to predict the applicable law to regulate their dispute because There is a definite difference of every nation’ opinion on decision standards of the law applicable to international succession. Moreover, discussions regarding unification of the Private International Law in the Hague Conference Hague Convention have been running in low. In this situation, an extending of principle of party autonomy in case of decision of the law applicable to succession can be an effective way of relaxing oppositions between the principle of unity of succession and the principle of division of succession. And it harmonizes with aspect of a legatee's right of choice of the applicable law. To conclude, the flexibility of decision standards of the law applicable to international succession in England may have important implications for our the Private International Law.