People's Republic Of China Law Of Application Of Law In Civil Relations With Foreigners

Original Language Title: 中华人民共和国涉外民事关系法律适用法

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People's Republic of China President, 36th

People's Republic of China Law on application of law in civil relations with foreigners by the People's Republic of China Standing Committee of the 11th National People's Congress adopted at the 17th meeting on October 28, 2010, are hereby promulgated and take effect on April 1, 2011.

People's Republic of China President Hu Jintao



The October 28, 2010

People's Republic of China Law of application of law in civil relations with foreigners

(October 28, 2010, adopted at the 17th meeting of the Standing Committee of the 11th NPC)

Directory

Chapter I General provisions

Chapter II civil subject

Chapter on marriage and family

Fourth chapter inheritance

The fifth chapter of real right

The sixth chapter claims

The seventh chapter intellectual property

The eighth chapter supplementary articles

Chapter I General provisions

First in order to clarify the application of law in civil relations with foreigners, reasonably resolve disputes with foreign-related civil, maintaining the lawful rights and interests of the parties, this law is enacted. Second law applicable in civil relations with foreigners, established in accordance with this law.

Other laws specifically provided otherwise on application of law in civil relations with foreigners, in accordance with its provisions.

This law and other laws have no provisions on application of law in civil relations with foreigners, has the closest connection applies and the civil relations concerning foreign elements of law.

Third parties in accordance with the law to express choice of law applicable in civil relations with foreigners.

Fourth People's Republic of China has the mandatory provisions of the law on foreign-related civil relations, direct the application of the mandatory provisions.

Fifth application of foreign law would damage People's Republic of China public interest, application of People's Republic of China law.

Sixth law applicable to foreign civil relations with foreigners, different laws in different regions of the country, has the closest connection applies and the civil relations with foreigners regional laws.

Article seventh limitation and apply the relevant law in civil relations with foreigners shall apply.

Eighth in civil relations with foreigners, and apply the law of the Forum.

The Nineth applicable foreign law to foreign-related civil, does not include the application of law in the country. Tenth law applicable to foreign civil relations concerning foreign elements, identified by the Court, arbitration institution or administrative organ.

Select the application of foreign law by the parties, should be provided with the law of that State.

Cannot identify the provisions of foreign law or the law of that State does not apply People's Republic of China law.

Chapter II civil subject

11th the civil legal capacity of natural persons, law of the habitual residence shall apply.

12th civil capacity of natural persons, law of the habitual residence shall apply.

Natural person in civil activities, civil conduct in accordance with the law of the place of the habitual residence, in accordance with the legal capacity for civil conduct, applicable laws relating to marriage and family, inherit otherwise.

13th declared missing or dead, and application of law of the place of the habitual residence of natural persons.

14th the civil rights of legal person and its branches, civil conduct, organization, such matters as the rights and obligations of the shareholders applicable registration laws. Main place of inconsistent with the registration of legal persons may be applied to main place of business law.

Legal person's habitual residence, as its main business.

15th right content, applicable right law of the habitual residence.

16th agent at the Agency shall apply the law, but civil relationship of principal and agent, applicable law of the agency relationship.

Parties may agree to choose law applicable to Agency. 17th the parties may agree to select the law applicable to the trust.

The parties do not choose the applicable law of the law of the place where the trust property or trust relationship. 18th agreement the parties may choose the law applicable to the arbitration agreement.

The parties do not choose the applicable arbitration law of the place of legal or arbitration. In accordance with the applicable law of the State of nationality of the 19th article, natural persons possessing the nationality of two or more applicable law of the State of nationality of the habitual residence; no habitual residence in all States of nationality, has the closest connection with the State of nationality laws applicable.

Natural persons stateless or of unknown nationality, application of the law of the habitual residence.

The 20th article in accordance with the law of the habitual residence shall apply, often of unknown residence of natural persons, to laws applicable to their homes now.

Chapter on marriage and family

21st marriage conditions apply to common law of the habitual residence of the parties; no common habitual residence, common nationality apply the law of the State; not have common nationality, habitual residence or the State of nationality of a party to enter into marriage, marriage laws applicable.

22nd marriage procedures, in line with the marriage law and the law of the habitual residence or the law of the State of nationality of a party, shall be valid.

23rd personal relation of spouses, applied the common law of the habitual residence; have no common habitual residence, common nationality apply the law of the State. 24th conjugal, parties may agree to apply the habitual residence of a party law, the law of the State of nationality or the main law of the location of property.

The parties do not choose, apply common habitual residence law; no common habitual residence, common nationality apply the law of the State.

The 25th person, parent and child relationship, apply common habitual residence law; no common habitual residence, at the party's habitual residence shall apply legal or conducive to protecting the rights of the weak state of nationality law. 26th agreement, the parties may agree to apply the habitual residence of a party law or law of the State of nationality.

The parties do not choose, apply common habitual residence law; no common habitual residence, common nationality apply the law of the State; not of common nationality, place of divorce laws applicable.

27th divorce proceedings, application of the law of the Forum. 28th the conditions and procedures for adoption, application of the adopter and the adoptee law of the habitual residence. Effectiveness of adoption, adoptee, adoption law of the habitual residence.

Adoption of release, adoptee, adoption law of the habitual residence or the law of the Forum.

29th maintenance apply one law of the habitual residence of the parties, the State of nationality or the principal place where the property is conducive to protecting the law of dependants ' rights laws.

Article 30th guardianship, at the party's habitual residence shall apply legal or in the laws of the State of nationality to protect the legal guardian rights.

Fourth chapter inheritance

31st legal succession, governed by persons normally resident on the death law, real estate law, immovable property law.

Article 32nd will to conform to the testator when the testator or normally resident on the death law, State law or the law of the Wills Act, wills are established.

Article 33rd will effect wills for the testator or the death law of the habitual residence or the law of the State of nationality.

34th matters such as estate management, heritage law of the place where applicable.

35th belonging to inherit with no one, governed by death of heritage law.

The fifth chapter of real right

36th Realty property, immovable property law. 37th agreement the parties may choose the applicable to movable property law.

The parties do not choose, chattel law when the law applicable to the facts. Article 38th parties may agree to choose the movable property changes in applicable law.

The parties do not choose the applicable transport destination legal.

39th securities, applicable securities laws at the right or has the closest connection with the securities laws.

40th pledge of rights, applicable right and legal.

The sixth chapter claims 41st agreement the parties may choose the law applicable to the contract.

The parties do not choose the applicable obligations can best embody the characteristics of the contract party's habitual residence law has the closest connection with the contract or other laws.

The 42nd consumer contracts applicable consumer law of the habitual residence; consumer choice for goods and service provided to law or Executive in the consumer's habitual residence does not engage in related business activities, for goods and service provided to the law. 43rd labor contract law of the applicable working; it is difficult to determine the employees ' working, employer main business law applicable.

The dispatch may be applied to labor dispatch law. 44th tort liability, applicable tort law, but the common habitual residence of the parties, apply common law of the habitual residence.

After the infringement, of the agreement of the parties to choose the applicable law and in accordance with their agreement.

Article 45th product liability, applicable tort law of the habitual residence; choose from the infringement the infringer are mainly business law, law of where the damage occurs, or the infringer is the infringer to habitual residence does not engage in related business activities, mainly business law or of applicable tort law where the damage occurred.

Article 46th over the network or by any other means against name rights, portrait rights, reputation, privacy, personality rights, applicable tort law of the habitual residence. 47th unjust, voluntary management, application of agreement by the parties to choose the applicable law.

The parties do not choose the applicable common law of the habitual residence of the parties; no common habitual residence, for unjust enrichment and the law of the non-management.

The seventh chapter intellectual property

48th the attribution of intellectual property rights and content applicable to legal protection is claimed. 49th agreement the parties may choose the law applicable to the transfer and licensing of intellectual property rights.

The parties do not choose, the relevant provisions of this law shall apply to the contract.

50th of an intellectual property infringement liability applicable to legal protection is claimed, can also be in the infringement after the Commission agreement by the parties choose the applicable law of the Forum.

The eighth chapter supplementary articles

51st article of the People's Republic of China Civil Code article 146th, 147th, People's Republic of China article 36th of the inheritance law, inconsistent with the provisions of this law, this law shall apply. 52nd this law shall come into force on April 1, 2011.