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 ĐOÀN PHAN THANH HẢI 1811271807
 Chapter 7 Inheritance in
international law
Overview
Inheritance concept
Article 609 individual inheritance rights have the right to
make a will to dispose of his or her property to leave
his/her property to the heir at law to enjoy the estate
according to the will or at law.
 Inheritance relations are
governed by international law
Subjects who leave assets to inherit foreigners or people
residing abroad

 Assets will be located abroad

 The legal event giving rise to the change of

termination of the Inheritance relationship arising in a
foreign country
CONTENTS OF Grou
ADJUSTMENTS
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...

1. Conflict of laws in inheritance relations

involving foreign elements
2. Conflict of laws in the settlement of an
inheritance with no heirs with foreign
elements
 Conflict of Laws and Conflict
Resolution in International Judiciary

Concept
A legal phenomenon in which two or
more legal systems participate in
regulating an inheritance relationship
and the content of adjustment in
different legal systems is doing.
 Conflict resolution method

Direct qualitative method of clearly delineating rights and obligations between the
parties involved in the relationship

 Method of conflict, the competent authority chooses the law of one country or the
other related to foreign elements to determine the rights and obligations of the
parties.
Resolution of conflicts of law over
Inheritance in international justice
Legal inheritance

 No will
Illegitimate will

Legal inheritance is the basis of state intervention through the current

inheritance law to solve the problem of choosing the applicable law in the
inheritance relationship under international judicial law based on the
inheritance
 Resolving legal conflicts under
mutual legal assistance
agreements

In general, the mutual legal assistance agreement between Vietnam and other
countries on the legal inheritance relationship based on the inheritance, if the
inheritance is movable, the principle of nationality law shall apply to settle it.
If the inheritance is immovable property, the principle of Law of the place
where things are found will apply
 Settle legal conflicts
according to Vietnamese law
Article 680 inheritance of the 2015 Civil Code

1.Inheritance is determined according to the law of the

country of which the heir has the nationality immediately
before his death

2. The exercise of the right of inheritance to immovable property

shall be determined according to the laws of the country where
the immovable property is located
 The person who left an
inheritance without a state

 Applicable law is the law of the country where the

person resides at the time a civil relationship involving
a foreign element arises if that person has multiple
places of residence or the place of residence is
unknown at the time of the arising of the relationship.
Inheritance system involving foreign elements, the
applicable law is the law with the place where that
person has the closest relationship
The person who leaves an
inheritance with many
nationalities
 The applicable law is the law of the country
where the person has nationality and resides at
the time of the inheritance relationship with
foreign elements. if such person has multiple
places of residence or the place of residence or
place of residence and place of residence is
unknown at the time of the arising of the
inheritance relationship involving foreign
elements, the applicable law shall be the law of
the country in which the person has the
nationality and has the closest relationship
 The exercise of inheritance rights to immovable property
shall be determined according to the laws of the country in
which such immovable property is located

 Apply the law where things are

Vietnamese workers leave an inheritance as real estate, the Vietnamese law has
no chance to apply if the real estate is not present in Vietnam and vice versa
Vietnamese law will be applied when foreign citizens In addition to leaving an
inheritance, it is real estate present in the territory of Vietnam

This solution is consistent with the nature of legal relations related to

real estate and is stipulated in many Vietnamese legal documents.the
territory of Vietnam
 However, some exceptions are countries that do not
divide heritage into movable and immovable property,
but consider heritage as a unit of countries (Italy,
Germany, Portugal, Spain), so apply the law of the
nationality of the heir at the time of his death to divide
the inheritance according to the law
 “Principles of inheritance settlement with foreign elements in
accordance with Vietnamese law and international treaties to
which Vietnam is a signatory

According to Vietnamese law

Ability to make, change and cancel wills

CLAUSE 1_ ARTICLE 681, Civil Code 2015

Determined according to the law of the country of which the testator has the
nationality at the time of making, changing or annuling the will.

 The form of a will

Determined according to the laws of the country where the will is made.

CHOOSE THE LAW SYSTEM WHERE TO PERFORM.

Group3

Vietnamese law will be applied to

determine subject capacity when
Vietnamese citizens make, change, cancel
wills, dispose of inherited property
regardless of whether the inheritance is
movable or immovable.
...

Vietnamese law will not be applied to

the determination of the subject
capacity when the foreign citizen makes
changes Canceling the will to dispose of
the inheritance even if this member is
made in Vietnam
.
 The form of a will is also recognized in
Vietnam if it is consistent with the law of
one of the following countries

Clause 1, Article 651 of the Civil Code 2015

The country where the testator resides at the time of making the will or at the
time of the testator's death (depending on the law of residence)
 The country where the testator had nationality at the time of making or at the
time of death (subject to the personal law of the place of nationality)
 Country where the immovable property is located If the inheritance is
immovable
According to international treaties that
Vietnam has signed or acceded to

Vietnam has signed agreements with many countries

on mutual legal assistance in civil marriage and
family matters with Germany, Russia, the Czech
Republic, Cuba, Poland, and Hungary.
The guiding principle in the matter of inheritance
recognized in these agreements is the principle of
Equality between the citizens of the parties in the
Inheritance relationship.
 Property without an heir
The Civil Code 2015 does not stipulate how inherited property does
not require recipients for inheritance relations with foreign elements to
be handled.

Article 767 of the Civil Code 2015

An estate without an heir is an immovable Estate without an heir is movable property

property belonging to the State where it is belonging to the state of which the person
located leaving the heir had the nationality before his
death.
 Mutual legal assistance
agreements related to
Inheritance between Vietnam
and a number of countries have
agreed on the view that the
estate without an heir will
belong to the state.
In the case of an movable
estate, the state recounts a
person who, before his death,
tells the estate that the property
will belong to the state in which
it is located.
 EXAMPLE 1

Ms. A is a Polish citizen residing in Vietnam, and Mr. B, a Vietnamese citizen,

wrote a will to leave her property as a house in Vietnam worth 3 billion VND in
February 2017 in an apartment building (Hoang Anh Gia Lai) so which law
applies in this case to determine the legal capacity of the parties and the legal
conditions of the will? Can Ms. A be in the name of the house?
 DETERMINATION OF APPLICABLE LAW
Article 41.Applicable law
1. Regarding movable inheritance, the law of the Contracting State of which the person
leaving the movable is a citizen at the time of death shall apply.

2. Regarding the inheritance of immovable property, the law of the Contracting State
where the immovable property is located, shall apply

The property that Mr. B left to Ms. A is real estate, so according to Clause 2 of this article,
the law of the place where the property is located is the law of Vietnam, which is applicable to
the settlement.

 According to the 2014 Housing Law, Ms. A is a foreigner who has the right to own a house
in Vietnam and Ms. A must meet all the conditions to own a house according to article 8 of the
2014 Housing Law.
Determine the legal and behavioral capacity of Mr. B and
Ms. A

● Therefore, Mr. B's legal capacity

● Article 21 the legal capacity
is determined according to the
and capacity for acts of a
laws of Vietnam and the legal
person is determined by the
country and Ms. A's legal capacity
law of the Contracting State
is determined according to Polish
The person is a national
law.
 Form of will

Article 42 wills1. the form of a will is determined by the law of the

Contracting State of which the testator is a citizen at the time of making the will.
However, the will is still valid. . This provision also applies to the Cancellation
of Wills
 At the time of making the will, he is a Vietnamese, so according to the
contract, the form of will must comply with the provisions of Vietnamese law
Civil Code 2015
 Article 627: Wills must be made in writing. If it is not possible to make a will
in writing, an oral will is possible.Written wills and oral wills are prescribed in
articles 628 and 629 In order for a will to be valid, the conditions in Article 630
must be met