THE HAGUE CONVENTION ON THE CONFLICT OF LAWS CONCERNING THE FORM OF TESTAMENTARY DISPOSITIONS (OCTOBER 05, 1961): THE NEED FOR RATIFICATION IN THE REPUBLIC OF KAZAKHSTAN

Abstract

The adoption by Kazakhstan of the Hague Convention on the Conflict of Laws concerning the Form of Testamentary Dispositions of October 5, 1961, is an urgent task in the context of growing cross-border mobility of citizens and an increase in the number of inheritance cases with a foreign element. Currently, Kazakhstan's lack of participation in international inheritance conventions creates conflicts between the legal systems of different countries, which leads to legal uncertainty and difficulties for citizens.

This article substantiates the need for Kazakhstan's accession to the 1961 Convention. The paper examines the specifics of the regulation of wills in various legal systems, including the legislation of Kazakhstan, Germany, France and Italy. It is emphasized that, despite the common features, each state has its own specifics in regulating hereditary relations, which necessitates the unification of conflict-of-laws rules.

The provisions of the 1961 Convention are analyzed in detail, in particular, its flexible conflict-of-laws bindings (place of making a will, nationality, domicile, habitual residence of the testator, location of immovable property), which contribute to the recognition of the validity of wills on formal grounds.

The article also examines the potential risks associated with the implementation of certain provisions of the Convention, such as the uncertainty of the concept of "habitual residence" or issues of dual citizenship. To minimize these risks, it is proposed to use the reservations provided for in the Convention (articles 9, 10, 11 and 12), allowing its provisions to be adapted to Kazakh legislation.

The conclusion concludes that it is advisable for Kazakhstan to ratify the 1961 Convention in order to strengthen the legal protection of citizens, increase legal certainty and simplify international cooperation in the field of inheritance law. In the future, it is recommended to consider joining the Convention on the International Registry of Wills to increase the transparency of inheritance procedures.