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18521536308中华人民共和国涉外民事关系法律适用法英文版
2022-06-25
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The Law of Choice of Law Applicable in International Civil Relations of the People's Republic of China
The Law of Choice of Law Applicable in International Civil Relations of the People's Republic of China
Adopted at the 17th Session of the 11th National People's Congress Standing Committee on October 28, 2010
Article 1 This Law is enacted to stipulate the choice of law rules in international civil relations, reasonably resolve international civil disputes, and safeguard the legitimate rights and interests of the parties.
Article 2 The choice of the law applicable in international civil relations shall be governed by this Law. Where an international civil relation falls within the scope of application of the special choice-of-law provisions of other laws, such special provisions shall prevail.
Where an international civil relation falls within the scope of application of the choice-of-law provisions of neither this Law nor any other law, it shall be governed by the law of the jurisdiction to which it has the most significant relationship.
Article 3 The parties may make an express choice of the law to govern their international civil relations according to law.
Article 4 Where the laws of the People's Republic of China (the "PRC") have mandatory provisions regarding international civil relations, such mandatory provisions shall apply directly without giving effect to the choice of law provisions.
Article 5 Where the application of foreign laws will cause damage to the public interests of the PRC, the laws of the PRC shall apply.
Article 6 Where an international civil relation shall be govnered by the laws of a foreign country, and different laws are implemented in different jurisdictions of the country, it shall be govnered by the laws of the jurisdiction to which it has the most significant relationship.
Article 7 The statute of limitations in an international civil relation shall be governed by the law which shall apply to such international civil relation.
Article 8 The determination of the nature of an international civil relation shall be governed by the law of the forum.
Article 9 The laws of a foreign country to be applied to an international civil relation shall not include the choice of law rules of that country.
Article 10 The laws of a foreign country to be applied to an international civil relation shall be ascertained by the competent people's court, arbitration institution, or administrative authority. Where the parties choose to apply the law of a foreign country, they shall provide such law.
Where the laws of a foreign country to be applied cannot be ascertained or do not have applicable provisions, the laws of the PRC shall apply.
Article 2 The choice of the law applicable in international civil relations shall be governed by this Law. Where an international civil relation falls within the scope of application of the special choice-of-law provisions of other laws, such special provisions shall prevail.
Where an international civil relation falls within the scope of application of the choice-of-law provisions of neither this Law nor any other law, it shall be governed by the law of the jurisdiction to which it has the most significant relationship.
Article 3 The parties may make an express choice of the law to govern their international civil relations according to law.
Article 4 Where the laws of the People's Republic of China (the "PRC") have mandatory provisions regarding international civil relations, such mandatory provisions shall apply directly without giving effect to the choice of law provisions.
Article 5 Where the application of foreign laws will cause damage to the public interests of the PRC, the laws of the PRC shall apply.
Article 6 Where an international civil relation shall be govnered by the laws of a foreign country, and different laws are implemented in different jurisdictions of the country, it shall be govnered by the laws of the jurisdiction to which it has the most significant relationship.
Article 7 The statute of limitations in an international civil relation shall be governed by the law which shall apply to such international civil relation.
Article 8 The determination of the nature of an international civil relation shall be governed by the law of the forum.
Article 9 The laws of a foreign country to be applied to an international civil relation shall not include the choice of law rules of that country.
Article 10 The laws of a foreign country to be applied to an international civil relation shall be ascertained by the competent people's court, arbitration institution, or administrative authority. Where the parties choose to apply the law of a foreign country, they shall provide such law.
Where the laws of a foreign country to be applied cannot be ascertained or do not have applicable provisions, the laws of the PRC shall apply.
Article 11 A natural person's capacity for civil rights shall be governed by the law of the jurisdiction where his habitual residence is located.
Article 12 A natural person's capacity for civil acts shall be governed by the law of the jurisdiction where his habitual residence is located.
Where a natural person who has performed a civil act is deemed as a person without capacity for civil acts in accordance with the law of the jurisdiction where his habitual residence is located but as a person with the capacity for civil acts in accordance with the law of the jurisdiction where the act was performed, he shall be governed by the law of the jurisdiction where the act was performed unless the act was related to marriage, family, or succession.
Article 13 The declaration of the missing status or presumed death of a natural person shall be governed by the law of the jurisdiction where his habitual residence was located.
Article 14 The capacities for civil rights and acts, organizational structure, shareholders' rights and obligations, and other issues of a legal entity and its branches shall be governed by the laws of the jurisdictions where they are registered.
Where the principal place of business and the place of registration of a legal entity are not in the same jurisdiction, the legal entity may be governed by the law of the jurisdiction where its principal place of business is located. The habitual residence of a legal entity shall be its principal place of business.
Article 15 A personality right shall be governed by the law of the jurisdiction where the right holder's habitual residence is located.
Article 16 Agency shall be governed by the law of the jurisdiction where an agency act occurs; provided, however, that the civil relationship between the principal and the agent shall be governed by the law of the jurisdiction where the agency relationship is created.
The parties may agree to choose the law to govern their principal-agent relationship.
Article 17 The parties may agree to choose the law to govern their entrustment relationship. In the absence of a choice, their fiduciary relationship shall be governed by the law of the jurisdiction where the trust property is located or the fiduciary relationship is created.
Article 18 The parties may agree to choose the law to govern their arbitration agreement. In the absence of a choice, their arbitration agreement shall be governed by the law of the jurisdiction where the arbitration institution or seat of arbitration is located.
Article 19 Where the law of the country of nationality shall apply in accordance with this Law and a natural person has two or more nationalities, he shall be governed by the law of the country of nationality where he has a habitual residence or the law of the country of nationality to which he has the most significant relationship if he has no habitual residence in any of the countries of nationality. A natural person who has no nationality or whose nationality is unknown shall be governed by the law of the jurisdiction where his habitual residence is located.
Article 20 Where the law of the jurisdiction of habitual residence shall apply in accordance with this Law and the habitual residence of a natural person is unkown, he shall be governed by the law of the jurisdiction where his present residence is located.
Article 12 A natural person's capacity for civil acts shall be governed by the law of the jurisdiction where his habitual residence is located.
Where a natural person who has performed a civil act is deemed as a person without capacity for civil acts in accordance with the law of the jurisdiction where his habitual residence is located but as a person with the capacity for civil acts in accordance with the law of the jurisdiction where the act was performed, he shall be governed by the law of the jurisdiction where the act was performed unless the act was related to marriage, family, or succession.
Article 13 The declaration of the missing status or presumed death of a natural person shall be governed by the law of the jurisdiction where his habitual residence was located.
Article 14 The capacities for civil rights and acts, organizational structure, shareholders' rights and obligations, and other issues of a legal entity and its branches shall be governed by the laws of the jurisdictions where they are registered.
Where the principal place of business and the place of registration of a legal entity are not in the same jurisdiction, the legal entity may be governed by the law of the jurisdiction where its principal place of business is located. The habitual residence of a legal entity shall be its principal place of business.
Article 15 A personality right shall be governed by the law of the jurisdiction where the right holder's habitual residence is located.
Article 16 Agency shall be governed by the law of the jurisdiction where an agency act occurs; provided, however, that the civil relationship between the principal and the agent shall be governed by the law of the jurisdiction where the agency relationship is created.
The parties may agree to choose the law to govern their principal-agent relationship.
Article 17 The parties may agree to choose the law to govern their entrustment relationship. In the absence of a choice, their fiduciary relationship shall be governed by the law of the jurisdiction where the trust property is located or the fiduciary relationship is created.
Article 18 The parties may agree to choose the law to govern their arbitration agreement. In the absence of a choice, their arbitration agreement shall be governed by the law of the jurisdiction where the arbitration institution or seat of arbitration is located.
Article 19 Where the law of the country of nationality shall apply in accordance with this Law and a natural person has two or more nationalities, he shall be governed by the law of the country of nationality where he has a habitual residence or the law of the country of nationality to which he has the most significant relationship if he has no habitual residence in any of the countries of nationality. A natural person who has no nationality or whose nationality is unknown shall be governed by the law of the jurisdiction where his habitual residence is located.
Article 20 Where the law of the jurisdiction of habitual residence shall apply in accordance with this Law and the habitual residence of a natural person is unkown, he shall be governed by the law of the jurisdiction where his present residence is located.
Article 21 The conditions for entering into marriage shall be governed by the law of the parties' jurisdiction of habitual residence, or the law of their country of nationality if their habitual residences are not located in the same jurisdiction, or the law of the jurisdiction where they will enter into marriage if they are not of the same nationality and will enter into marriage in the jurisdiction where either party's habitual residence is located or in either party's country of nationality.
Article 22 The formalities of a marriage shall be valid if they comply with the law of the jurisdiction where the marriage was entered into, the law of the jurisdiction where either spouse's habitual residence was located, or the law of either spouse's country of nationality.
Article 23 The personal relationship between spouses shall be governed by the law of their jurisdiction of habitual residence, or the law of their country of nationality if their habitual residences are not located in the same jurisdiction.
Article 24 The spouses may agree that their property relations be governed by the law of the jurisdiction where either spouse's habitual residence is located, the law of either spouse's country of nationality, or the law of the jurisdiction where the main property is located. In the absence of a choice, their property relations shall be governed by the law of their jurisdiction of habitual residence, or the law of their country of nationality if their habitual residences are not located in the same jurisdiction.
Article 25 The personal and property relations between parents, as one party, and children, as the other party, shall be governed by the law of their jurisdiction of habitual residence, or the law of the jurisdiction where either party's habitual residence is located or the law of either party's country of nationality which is more conducive to protecting the rights and interests of the vulnerable party if their habitual residences are not located in the same jurisdiction.
Article 26 In the case of divorce by agreement, the spouses may agree that their divorce be governed by the law of the jurisdiction where either spouse's habitual residence is located or the law of either spouse's country of nationality. In the absence of a choice, their divorce shall be governed by the law of their jurisdiction of habitual residence, or the law of their country of nationality if their habitual residences are not located in the same jurisdiction, or the law of the jurisdiction where the divorce registration authority is located if they are not of the same nationality.
Article 27 Divorce by litigation shall be governed by the law of the forum.
Article 28 The conditions and formalities for an adoption shall be governed by the laws of the jurisdictions where the adopter's and adoptee's habitual residences are located. The validity of an adoption shall be governed by the law of the jurisdiction where the adopter's habitual residence is located at the time of the adoption. An adoption dissolution shall be governed by the law of the jurisdiction where the adoptee's habitual residence is located at the time of the adoption or the law of the forum.
Article 29 Maintenance shall be governed by the law of the jurisdiction where either party's habitual residence is located, the law of either party's country of nationality, or the law of the jurisdiction where the main property is located which is most conducive to protecting the rights and interests of the dependent.
Article 30 Guardianship shall be governed by the law of the jurisdiction where either party's habitual residence is located or the law of either party's country of nationality which is more conducive to protecting the rights and interests of the ward.
Article 22 The formalities of a marriage shall be valid if they comply with the law of the jurisdiction where the marriage was entered into, the law of the jurisdiction where either spouse's habitual residence was located, or the law of either spouse's country of nationality.
Article 23 The personal relationship between spouses shall be governed by the law of their jurisdiction of habitual residence, or the law of their country of nationality if their habitual residences are not located in the same jurisdiction.
Article 24 The spouses may agree that their property relations be governed by the law of the jurisdiction where either spouse's habitual residence is located, the law of either spouse's country of nationality, or the law of the jurisdiction where the main property is located. In the absence of a choice, their property relations shall be governed by the law of their jurisdiction of habitual residence, or the law of their country of nationality if their habitual residences are not located in the same jurisdiction.
Article 25 The personal and property relations between parents, as one party, and children, as the other party, shall be governed by the law of their jurisdiction of habitual residence, or the law of the jurisdiction where either party's habitual residence is located or the law of either party's country of nationality which is more conducive to protecting the rights and interests of the vulnerable party if their habitual residences are not located in the same jurisdiction.
Article 26 In the case of divorce by agreement, the spouses may agree that their divorce be governed by the law of the jurisdiction where either spouse's habitual residence is located or the law of either spouse's country of nationality. In the absence of a choice, their divorce shall be governed by the law of their jurisdiction of habitual residence, or the law of their country of nationality if their habitual residences are not located in the same jurisdiction, or the law of the jurisdiction where the divorce registration authority is located if they are not of the same nationality.
Article 27 Divorce by litigation shall be governed by the law of the forum.
Article 28 The conditions and formalities for an adoption shall be governed by the laws of the jurisdictions where the adopter's and adoptee's habitual residences are located. The validity of an adoption shall be governed by the law of the jurisdiction where the adopter's habitual residence is located at the time of the adoption. An adoption dissolution shall be governed by the law of the jurisdiction where the adoptee's habitual residence is located at the time of the adoption or the law of the forum.
Article 29 Maintenance shall be governed by the law of the jurisdiction where either party's habitual residence is located, the law of either party's country of nationality, or the law of the jurisdiction where the main property is located which is most conducive to protecting the rights and interests of the dependent.
Article 30 Guardianship shall be governed by the law of the jurisdiction where either party's habitual residence is located or the law of either party's country of nationality which is more conducive to protecting the rights and interests of the ward.
Article 31 Intestate succession shall be governed by the law of the jurisdiction where the decedent's habitual residence was located at the time of his death; provided, however, that intestate succession of immovable property shall be governed by the law of the jurisdiction where the immovable property is located.
Article 32 A last will shall be deemed to have been established if it was made in a manner complying with the law of the jurisdiction where the testator's habitual residence was located at the time of making the last will or his death, the law of his country of nationality, or the law of the jurisdiction where the last will was made.
Article 33 The validity of a last will shall be governed by the law of the jurisdiction where the testator's habitual residence was located at the time of making the last will or his death or the law of his country of nationality.
Article 34 Estate administration and other related issues shall be governed by the law of the jurisdiction where the estate is located.
Article 35 The ownership of an unclaimed estate shall be governed by the law of the jurisdiction where the estate was located at the time of the decedent's death.
Article 32 A last will shall be deemed to have been established if it was made in a manner complying with the law of the jurisdiction where the testator's habitual residence was located at the time of making the last will or his death, the law of his country of nationality, or the law of the jurisdiction where the last will was made.
Article 33 The validity of a last will shall be governed by the law of the jurisdiction where the testator's habitual residence was located at the time of making the last will or his death or the law of his country of nationality.
Article 34 Estate administration and other related issues shall be governed by the law of the jurisdiction where the estate is located.
Article 35 The ownership of an unclaimed estate shall be governed by the law of the jurisdiction where the estate was located at the time of the decedent's death.
Article 36 The property rights of an immovable property shall be governed by the law of the jurisdiction where the immovable property is located.
Article 37 The parties may agree to choose the law to govern their property rights in a movable property. In the absence of a choice, their property rights shall be governed by the law of the jurisdiction where the movable property was located when the fact in issue occurred.
Article 38 The parties may agree to choose the law to govern the transfer of the property rights in a movable property in transit. In the absence of a choice, the transfer shall be governed by the law of the jurisdiction where the destination is located.
Article 39 Marketable securities shall be governed by the law of the jurisdiction where the rights of the securities are exercised or the law of the jurisdiction to which they have the most significant relationship.
Article 40 Pledge over rights shall be governed by the law of the jurisdiction where the pledge is created.
Article 37 The parties may agree to choose the law to govern their property rights in a movable property. In the absence of a choice, their property rights shall be governed by the law of the jurisdiction where the movable property was located when the fact in issue occurred.
Article 38 The parties may agree to choose the law to govern the transfer of the property rights in a movable property in transit. In the absence of a choice, the transfer shall be governed by the law of the jurisdiction where the destination is located.
Article 39 Marketable securities shall be governed by the law of the jurisdiction where the rights of the securities are exercised or the law of the jurisdiction to which they have the most significant relationship.
Article 40 Pledge over rights shall be governed by the law of the jurisdiction where the pledge is created.
Article 41 The parties may agree to choose the law to govern their contract. In the absence of a choice, their contract shall be governed by the law of the jurisdiction where the habitual residence of the party whose performance of his obligations under the contract best reflects the characteristics of the contract is located or the law of the jurisdiction that has the most significant relationship to the contract.
Article 42 A consumer contract shall be governed by the law of jurisdiction where the consumer's habitual residence is located, or the law of the jurisdiction where the goods or services are provided if the consumer so chooses or the provider of the goods or services does not engage in relevant business activities in the jurisdiction where the consumer's habitual residence is located.
Article 43 An employment contract shall be governed by the law of the jurisdiction where the employee's place of work is located, or the law of the jurisdiction where the employer's principal place of business is located if it is difficult to determine the employee's place of work. Labor dispatch may be governed by the law of the jurisdiction from which the labor is dispatched.
Article 44 Tort liability shall be governed by the law of the jurisdiction where the tort is committed; provided, however, that it shall be governed by the law of the parties' jurisdiction of habitual residence if their habitual residences are located in the same jurisdiction. Where the parties agree to choose the law to govern the tort liability after the occurrence of a tort, the law they choose to apply shall prevail.
Article 45 Product liability shall be governed by the law of the jurisdiction where the victim's habitual residence is located, or the law of the jurisdiction where the tortfeasor's principal place of business is located or the law of the jurisdiction where the damage occurs if the victim so chooses or the tortfeasor does not engage in relevant business activities in the jurisdiction where the victim's habitual residence is located.
Article 46 A tort committed through the Internet or by other means to infringe upon the rights to name, likeness, reputation, privacy, or other personality rights of a victim shall be governed by the law of the jurisdiction where the victim's habitual residence is located.
Article 47 Unjust enrichment or agency by necessity shall be governed by the law that the parties agree to apply. In the absence of a choice, unjust enrichment or agency by necessity shall be governed by the law of the parties' jurisdiction of habitual residence, or the law of the jurisdiction where unjust enrichment or agency by necessity occurs if their habitual residences are not located in the same jurisdiction.
Article 42 A consumer contract shall be governed by the law of jurisdiction where the consumer's habitual residence is located, or the law of the jurisdiction where the goods or services are provided if the consumer so chooses or the provider of the goods or services does not engage in relevant business activities in the jurisdiction where the consumer's habitual residence is located.
Article 43 An employment contract shall be governed by the law of the jurisdiction where the employee's place of work is located, or the law of the jurisdiction where the employer's principal place of business is located if it is difficult to determine the employee's place of work. Labor dispatch may be governed by the law of the jurisdiction from which the labor is dispatched.
Article 44 Tort liability shall be governed by the law of the jurisdiction where the tort is committed; provided, however, that it shall be governed by the law of the parties' jurisdiction of habitual residence if their habitual residences are located in the same jurisdiction. Where the parties agree to choose the law to govern the tort liability after the occurrence of a tort, the law they choose to apply shall prevail.
Article 45 Product liability shall be governed by the law of the jurisdiction where the victim's habitual residence is located, or the law of the jurisdiction where the tortfeasor's principal place of business is located or the law of the jurisdiction where the damage occurs if the victim so chooses or the tortfeasor does not engage in relevant business activities in the jurisdiction where the victim's habitual residence is located.
Article 46 A tort committed through the Internet or by other means to infringe upon the rights to name, likeness, reputation, privacy, or other personality rights of a victim shall be governed by the law of the jurisdiction where the victim's habitual residence is located.
Article 47 Unjust enrichment or agency by necessity shall be governed by the law that the parties agree to apply. In the absence of a choice, unjust enrichment or agency by necessity shall be governed by the law of the parties' jurisdiction of habitual residence, or the law of the jurisdiction where unjust enrichment or agency by necessity occurs if their habitual residences are not located in the same jurisdiction.
Article 48 The ownership and content of intellectual property rights shall be governed by the law of the jurisdiction where the protection is sought.
Article 49 The parties may agree to choose the law to govern their transfer and licensing of intellectual property rights. In the absence of a choice, the transfer and licensing of intellectual property rights shall be governed by the provisions of this Law applicable to contracts.
Article 50 The liability for infringement of intellectual property rights shall be governed by the law of the jurisdiction where the protection is sought, or the law of the forum as agreed by the parties after the occurrence of an infringement.
Article 49 The parties may agree to choose the law to govern their transfer and licensing of intellectual property rights. In the absence of a choice, the transfer and licensing of intellectual property rights shall be governed by the provisions of this Law applicable to contracts.
Article 50 The liability for infringement of intellectual property rights shall be governed by the law of the jurisdiction where the protection is sought, or the law of the forum as agreed by the parties after the occurrence of an infringement.
Article 51 Where the provisions of Article 146 or 147 of the General Principles of the Civil Law of PRC or Article 36 of the Succession Law of PRC conflicts with the provisions of this Law, the provisions of this Law shall apply.
Article 52 This Law shall come into force on April 1, 2011.
Article 52 This Law shall come into force on April 1, 2011.
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