Law Applicable To Foreign-Related Civil Relations In People'S Republic Of China

< p > Chapter I General Provisions < /p >

< p > Article 1 this law is formulated in order to clarify the applicable law of foreign related civil relations, reasonably resolve civil disputes involving foreign elements, and safeguard the legitimate rights and interests of the parties concerned.

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< p > second laws applicable to foreign-related civil relations shall be determined in accordance with this law.

Other laws have special provisions for the application of laws concerning foreign related civil relations, in accordance with their provisions.

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< p > This Law and other laws do not stipulate the application of laws concerning foreign related civil relations, and the laws that are most closely related to the foreign civil relations shall apply.

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< p > third parties may expressly choose the applicable laws of foreign related civil relations in accordance with the law.

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< p > Fourth mandatory provisions of the laws of the People's Republic of China on foreign related civil relations shall be directly applied to the mandatory provisions.

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The application of foreign laws in the < p > fifth will damage the public interests of People's Republic of China and apply the laws of People's Republic of China.

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< p > sixth foreign related civil relations shall be governed by foreign laws, where different laws are applied in different regions of the country, and the laws that are most closely related to the foreign-related civil relations shall apply.

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< p > seventh statute of limitations, applicable to relevant foreign-related civil relations should be applied to the law.

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< p > eighth qualitative analysis of foreign-related civil relations applies to the law of the court.

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< p > ninth foreign laws applicable to foreign-related civil relations do not include the applicable law of the country.

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< p > tenth foreign laws applicable to foreign-related civil relations shall be identified by the people's courts, arbitration institutions or administrative organs.

If the parties choose to apply foreign laws, they shall provide the country's laws.

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< p > the law of the People's Republic of China shall not be applied if foreign laws are not found or the laws of that country are not specified.

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< p > second chapter civil subject < /p >

< p > eleventh natural persons' capacity for civil rights shall apply to the law of habitual residence.

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< p > twelfth natural persons' capacity for civil conduct shall apply to the law of habitual residence.

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< p > natural persons engage in civil activities, and act in accordance with the law of the habitual residence for civil conduct, where the law of the place of conduct is civil capacity, the law of the place of action applies, except those involving marriage, family and inheritance.

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< p > thirteenth, the law of habitual residence of natural persons shall apply to the declaration of disappearance or death.

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< < p > > fourteenth legal persons, such as civil rights, civil conduct, organization and rights and obligations of the legal person and its branches, shall apply the law of the place of registration.

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< p > where the main place of business of a legal person is not in conformity with the place of registration, the law of the main place of business may apply.

The place of habitation of a legal person is its principal place of business.

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< p > fifteenth the contents of the right of personality apply to the law of the habitual residence of the obligee.

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< p > sixteenth agents are applicable to the law of agency, but the civil relationship between the agent and the agent applies the law of the place where the agency takes place.

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< p > the parties may agree to choose the law applicable to the principal agent.

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< p > seventeenth parties may agree to choose the law applicable to trust.

Where the parties have no choice, the law of the place where the trust property is located or the place where the trust relationship occurs shall apply.

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< p > eighteenth parties may agree to choose the applicable law of arbitration agreement.

Where the parties have no choice, the law of the place where the arbitration institution is located or the law of the place of arbitration shall apply.

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< p > nineteenth, in accordance with this law, the laws of the nationality state shall be applicable to a natural person, and a natural person with more than two nationalities shall apply to the law of a country of nationality having a habitual residence; where there is no habitual residence in all nationalities, the law of the nationality state which is most closely related to it shall apply.

Where a natural person has no nationality or nationality is unknown, the law of his habitual residence shall apply.

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< p > twentieth, where the laws of habitual residence are applicable in accordance with this law, where the natural person's habitual residence is unknown, the law of his place of residence shall apply.

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< p > third chapter marriage and family < /p >

< p > twenty-first conditions for marriage shall apply to the law of the common habitual residence of the parties; where there is no common habitual residence, the law of the common nationality state shall be applied; if there is no common nationality, the marriage contract law shall be applied to a marriage where the party is in the habitual residence or the country of nationality.

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< p > twenty-second marriage formalities, which are in conformity with the law of marriage concluded, the law of one party's habitual residence or the law of the nationality state, shall be valid.

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< p > twenty-third husband and wife relations apply to the law of common habitual residence; where there is no common habitual residence, the law of common nationality state shall apply.

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< p > twenty-fourth husband and wife property relations, the parties may agree to apply the law of one party's habitual residence, the law of the nationality state or the location of the main property.

Where the parties have no choice, they shall apply the law of common habitual residence; and where there is no common habitual residence, the law of the common nationality state shall apply.

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< p > twenty-fifth the laws of common habitual residence should be applied to the relationship between parents and children's property and property. If there is no common habitual residence, the law of the habitual residence of one party or the law of the state of nationality shall be applied to protect the rights and interests of the weak.

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< p > twenty-sixth agreements for divorce, the parties may agree to apply the law of one party to the habitual residence or the law of the nationality state.

Where the parties have no choice, they shall apply the law of common habitual residence; where there is no common habitual residence, the laws of the common nationality state shall apply; and where there is no common nationality, the law governing the place where the divorce procedure is handled shall apply.

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< p > twenty-seventh divorce proceedings shall be governed by the law of the court.

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< p > twenty-eighth conditions and procedures for adoption shall apply to the law of the adopter and the adopter's habitual residence.

The effect of adoption is applicable to the law of the place where the adopter is habitual at the time of adoption.

The lifting of the adoption relationship applies to the laws of the place where the adopter is habitual or the law of the court when adopting.

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< p > twenty-ninth support shall apply to the law of one party's habitual residence, the law of the nationality state, or the law of the place where the principal property is located, in favor of protecting the rights and interests of the dependant.

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< p > thirtieth guardianship applies to the law of one party's habitual residence or the law of the nationality state in favor of protecting the rights and interests of the guardian.

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< p > fourth chapter inheriting < /p >.

< p > thirty-first statutory succession applies to the law of habitual residence at the time of death of the decedent, but the legal inheritance of real estate applies to the law of the place where the real estate is located.

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The will of "P > thirty-second" shall be established in accordance with the laws of the law of the place of residence, the law of the state of nationality, or the act of the will in the case of the testator's will or the death of the will.

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< p > thirty-third validity of testament shall apply to the law of the habitual residence of the testator or the law of the country of nationality when the will is made or when he dies.

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< p > thirty-fourth estate management matters shall be governed by the law of the place where the estate is located.

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< p > thirty-fifth attribution of uninherited inheritance applies to the law of the place where the heir died.

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< p > fifth chapter < a href= "//www.sjfzxm.com/news/index_c.asp" > property rights < /a > /p >

< p > thirty-sixth real property rights shall apply to the law of the place where the real estate is located.

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< p > thirty-seventh parties may agree to choose the law applicable to the real right of movable property.

Where the parties have no choice, the law of the place where the movable property is located shall be applicable when the facts of the law arise.

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< p > thirty-eighth parties may agree to choose the law applicable to the alteration of the movable property right in pit.

Where the parties have no choice, the law of the pport destination shall apply.

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< p > thirty-ninth securities, the law applicable to the realization of securities rights, or other laws that are most closely related to the securities.

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< p > fortieth pledge of rights, applicable to the law of the place where the right of pledge is established.

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< p > sixth chapter < a href= "//www.sjfzxm.com/news/index_c.asp" > creditor's rights < /a > /p >

< p > forty-first parties may agree to choose the law applicable to the contract.

Where the parties have no choice, the law of the habitual residence of a party that best embodies the obligation of performance or other laws which are most closely related to the contract shall apply.

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< p > forty-second consumer contracts shall apply to the laws of the habitual residence of consumers; when consumers choose laws applicable to goods or services, or operators who do not engage in related business activities in the habitual residence of consumers, the law applicable to goods and services shall be applied.

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< p > forty-third labor contracts shall apply to the law of the working place of the workers; it is difficult to determine the law of the employer's main place of business where the laborer works.

Labor dispatch can be applied to the law of labor dispatch.

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< p > forty-fourth tort liability shall apply to the law of tort, but where the parties have common habitual residence, the law of the common habitual residence shall apply.

After the infringement occurs, the parties agree to choose the applicable law according to their agreement.

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< p > forty-fifth product liability shall apply to the law of the place where the infringed is habitual. If the infringed chooses to apply the law of the place where the infringer is in the main place of business or where the damage occurs, or if the infringer fails to engage in relevant business activities at the place where the infringed is habitual, the law of the owner's main place of business or the law of the place where the damage occurs shall apply.

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< p > forty-sixth, by using the Internet or by other means to infringe upon the right of personality, such as the right to name, portrait, reputation, privacy, etc., the law of the habitual residence of the infringed shall apply.

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< p > forty-seventh unjust enrichment and no cause management, the law applicable to the agreement of the parties is applicable.

Where the parties have no choice, they shall apply to the laws of the common habitual residence of the parties; where there is no common habitual residence, the unjust enrichment and the law of the place where no cause arises shall be applied.

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< p > seventh chapter < a href= "//www.sjfzxm.com/news/index_c.asp" > intellectual property < /a > /p >

< p > > the ownership and content of forty-eighth intellectual property rights shall apply to the law of the requested place of protection.

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< p > forty-ninth parties may agree to choose applicable laws for the pfer and licensing of intellectual property rights.

Where the parties have no choice, the relevant provisions of this Law shall apply.

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< p > fiftieth tort liability of intellectual property rights shall apply to the law of the requested place of protection, and the parties may also apply the law of the court to the agreement after the occurrence of the infringement.

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< p > eighth chapter supplementary provisions < /p >.

< p > > fifty-first articles, 146th articles and 147th articles of the general law of the people's Republic of China, and thirty-sixth articles of the law of succession of the People's Republic of China, which are inconsistent with the provisions of this law, shall be applicable to this law.

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< p > fifty-second, this Law comes into effect on April 1, 2011.

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