A comparative study on the common temporal norms of chinese аnd russian probate succession system: institutional aspects

Abstract

Testamentary succession is one of the important contents of the inheritance legal system of China and Russia, which fully embodies the spirit of autonomy of private law. Due to the infl uence of different historical culture, traditional customs, economic and political systems and other factors in property inheritance, there exist some legislative differences between China and Russia on the provisions of testator inheritance from the system design concept to the content of the rules. With the detailed and specifi c provisions, the system of testamentary succession in the Russian Federation is deeply infl uenced by the German and Japanese legal systems, while the legislation of testamentary succession in China is relatively principled and brief, which is closely integrated with the reality of China. The analysis of the differences in the basic principles, forms and effectiveness as well as the system of bequest of the two civil codes in both countries in the system of testamentary succession not only contribute to the normative interpretation, application and perfection of the relevant systems of Civil Code in China, but also explores the institutional origin of testamentary succession legislation, so as to realize the balance of testamentary freedom, inheritance justice and social value; At the same time, it also plays a vital role in correctly handling the inheritance relationship between China and Russia, which is also of positive reference signifi cance to the judicial practice of foreign-related inheritance between the two countries.