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Foreign Property Inheritance_Movable and immovable property
source：www.zchlhls.com | Release time：2024年08月03日Foreign property inheritance
First, the basic provisions of foreign property inheritance
According to Article 1122 of the Civil Code of the People's Republic of China, inheritance is the personal legal property left behind by a natural person at the time of death. This definition also applies to foreign property inheritance. In the case of foreign marital inheritance, as long as the estate is located in China and the heirs are also located in China, the inheritance shall be governed by the laws of China. However, if the inheritance is located in China and the heir resides abroad during his lifetime, foreign law shall apply to movable property and Chinese law shall apply to immovable property.
Inheritance of movable and immovable property
Inheritance of immovable property: Inheritance of immovable property, such as land and houses, is mainly based on the law of the location of the property. If the immovable property is located in China, the inheritance shall be governed by Chinese law. Even if the decedent is a foreigner or resided in a foreign country during his/her lifetime, the inheritance of the immovable property located in China shall be governed by Chinese law.
Inheritance of movable property: Inheritance of movable property, such as deposits, vehicles, securities, etc., may be governed by the law of the domicile or habitual residence of the decedent. If the decedent lived in a foreign country, the inheritance of movable assets may be governed by the law of that foreign country. However, it should be noted that if the movable property is located in China and has a close relationship with China, its inheritance may still be subject to Chinese law.
Summary
In foreign property inheritance, the inheritance of immovable property is mainly based on the law of the location of the property, while the inheritance of movable property may be subject to the law of the domicile or habitual residence of the decedent. However, it should be noted that if the property is located in China and has a close relationship with China, the succession may still be subject to Chinese law. Therefore, when dealing with foreign property inheritance issues, it is necessary to consider various factors and consult professional lawyers.
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