Law of the People's Republic of China on Application of Law in Foreign-related Civil Relations
Law of the People's Republic of China on Application of Law in Foreign-related Civil Relations
Law of the People's Republic of China on Application of Law in Foreign-related Civil Relations
President Order No. 36
28 Oct., 2010
The Law of the People's Republic of China on Application of Law in Foreign-related Civil Relations, which was adopted at the 17th Session of the Standing Committee of the Eleventh National People's Congress on 28 Oct., 2010, is hereby promulgated and shall come into effect as of 1 April, 2011.
President of the People's Republic of China: Hu Jintao
Law of the People's Republic of China on Application of Law in Foreign-related Civil Relations
(Adopted at the 17th Session of the Standing Committee of the Eleventh National People's Congress on 28 Oct., 2010)
Contents
Chapter I General Provisions
Chapter II Civil Entities
Chapter III Marriage and Family
Chapter IV Succession
Chapter V Property Rights
Chapter VI Obligations
Chapter VII Intellectual Property Rights
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 The Law is formulated for the purpose of resolving problems in relation to the application of law in foreign-related civil relations, reasonably settling foreign-related civil disputes and protecting the legitimate rights and interests of the parties concerned.
Article 2 The application of law in foreign-related civil relations shall be determined in accordance with the Law. Where there are special stipulations in respect of the application of law in foreign-related civil relations in other laws, such stipulations shall prevail.
Where this Law and other laws do not contain any provision with respect to the application of law in a foreign-related civil relation, the law most closely associated with the foreign-related civil relation shall apply.
Article 3 The parties may expressly select the law applicable to a foreign-related civil relation in accordance with legal provisions.
Article 4 Where the law of the People's Republic of China contain mandatory provisions in relation to a foreign-related civil relation, such provisions shall apply.
Article 5 Where the application of a foreign law will undermine the social and public interests of the People's Republic of China, the relevant laws of the People's Republic of China shall prevail.
Article 6 Where a foreign-related civil relation is governed by the law of a foreign country, if different regions of this country are governed by different laws, the law of the region most closely associated with the foreign-related relation shall apply.
Article 7 Limitation of action involving a foreign-related civil relation shall be governed by a law that is applicable to such foreign-related civil relation.
Article 8 The nature of a foreign-related civil relation shall be determined in accordance with the law of the forum.
Article 9 Foreign laws applicable to foreign-related civil relations shall not include the law of a foreign country on the application of law.
Article 10 A foreign law applicable to a foreign-related civil relation shall be verified by a people's court, arbitration institution or administrative organ.
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