Milletlerarası unsurlu ölüme bağlı tasarruflara uygulanacak hukukun tayini
Özet
The rules on succession are formulated according to the social, economical, political and religious structure and policies of the legal systems. Because of this reason, both the substantive and conflict of laws rules on succession vary considerably in the different legal systems and this difference between the legal systems causes conflict of laws problems on determination of the applicable law to testamentary dispositions as regards to capacity, form, essential validity and effects, construction and invalidity.With respect to the applicable law to the testamentary dispositions which have international elements, the traditional conflicts approach is to use the objective connecting factors. However, the reason that the objective connecting factors couldn?t provide sufficient solutions in this area, makes it necessary to accept the principle of autonomy and use it besides the objective method. Giving the testator the freedom to choose the applicable law to succession (professio juris) is harmonious with the general trend in private international law which is to grant parties or the person concerned, a limited freedom of choice even outside the contracts and also the contemporaray private international law regulations on succession that shows this tendency.It is much more common than it used to be for ordinary men and women to die leaving assets in more than one country. The result of this, cases of international succession have been increasing. So in this area of private international law, in order to find sufficient solutions and provide the uniformity of decisions, the private international law statutes must have special and detailed provisions and also utilize the contemporary tendency in private international law.