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Tianjin Marriage Lawyer: Interpreting the Contents of the "People's Republic of China Law on the Application of Civil Relations"

Guide: Interpretation of the content of the law applicable law of the People's Republic of China on foreign-related civil relations law The following is a Tianjin divorce lawyer's interpretation of the applicable law of foreign-related civil relations, determined in accordance with this law. If other laws have special provisions on the application of foreign-related civil relations laws, those provisions shall be followed. If this Law and other laws do not provide for the application of foreign-related civil relations laws, the law that has the closest relationship with the foreign-related civil relations shall apply.

Tianjin Marriage Lawyer: Interpreting the Contents of the Law Applicable Law of the People's Republic of China on Civil Relations

Interpretation of the content of the law applicable law of the People's Republic of China on foreign-related civil relations laws The Tianjin Divorce Lawyer interprets the content information in each chapter one by one.

天津婚姻诉讼律师

Chapter I General Provisions

Article 1 This Law is formulated in order to clarify the application of the law in foreign-related civil relations, reasonably resolve foreign-related civil disputes, and safeguard the lawful rights and interests of the parties.

Article 2 The law applicable to foreign-related civil relations shall be determined in accordance with this Law. If other laws have special provisions on the application of foreign-related civil relations laws, those provisions shall be followed.

If this Law and other laws do not provide for the application of foreign-related civil relations laws, the law that has the closest relationship with the foreign-related civil relations shall apply.

Article 3 The parties may expressly choose the law applicable to foreign civil relations in accordance with the law.

Article 4 Where the laws of the People's Republic of China have compulsory regulations on foreign-related civil relations, the compulsory regulations shall apply directly.

Article 5 Where the application of foreign laws will harm the public interest of the People's Republic of China, the laws of the People's Republic of China shall apply.

Article 6. Foreign-related civil relations shall be governed by foreign laws. Where different laws are implemented in different regions of the country, the laws of the regions with which the foreign-related civil relations are most closely related shall apply.

Article 7 The limitation of action shall be governed by the law applicable to relevant foreign civil relations.

Article 8 The nature of foreign-related civil relations shall be governed by the law of the court.

Article 9 Foreign law applicable to foreign-related civil relations does not include the law applicable in that country.

Article 10 Foreign laws applicable to foreign-related civil relations shall be determined by the people's court, arbitration institution or administrative organ. Where a party chooses to apply a foreign law, the law of that country shall be provided.

Where foreign law cannot be ascertained or is not provided for in that country's law, the laws of the People's Republic of China shall apply.

Chapter II Civil Subject

Article 11 The capacity of a natural person in civil rights shall be governed by the law of the place of habitual residence.

Article 12 The civil capacity of a natural person shall be governed by the law of the place of habitual residence.

Natural persons engaging in civil activities shall have no capacity for civil conduct in accordance with the law of the place of habitual residence, and shall have the capacity for civil conduct in accordance with the law of the place of conduct. The law of the place of conduct shall apply, except those involving marriage, family and inheritance.

Article 13 The declaration of disappearance or death shall be governed by the law of the place where a natural person normally resides.

Article 14 The law of the place of registration shall apply to matters such as the capacity of civil rights, capacity of civil conduct, organizational structure, and rights and obligations of shareholders of legal persons and their branches.

Where the legal person's principal place of business is inconsistent with the place of registration, the law of the principal place of business may apply. The legal person's permanent residence shall be its principal place of business.

Article 15 The content of the personality right shall be governed by the law of the place where the right holder resides.

Article 16 The law of the place where the agent acts is applied to the agent, but the civil relationship between the principal and the agent shall apply the law of the place where the agent relationship occurs.

The parties may agree to choose the law applicable to the agency.

Article 17 The parties may agree to choose the law applicable to the trust. If the parties do not choose, the law of the place where the trust property is located or the law of the place where the trust relationship occurs shall apply.

Article 18 The parties may agree to choose the law applicable to the arbitration agreement. If 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.

Article 19 The law of the country of nationality applies in accordance with this law. If a natural person has more than two nationalities, the law of the country of nationality with a habitual residence shall apply; if there is no habitual residence in any country of nationality, the law of the country of nationality to which it is most closely connected shall apply. If a natural person is stateless or of unknown nationality, the law of the place of his or her usual residence shall apply.

Article 20 The law of the place of habitual residence shall be applied in accordance with this Law. If the place of habitual residence of a natural person is unknown, the law of the place where he currently resides shall apply.

Chapter III Marriage and Family

Article 21 The marriage conditions shall be governed by the law of the parties' common habitual residence; where there is no common habitual residence, the law of the country of common nationality shall apply; if there is no common nationality and the marriage is concluded at the party's habitual residence or nationality country, the place of marriage shall apply legal.

Article 22 Marriage formalities that are in compliance with the law of the place where the marriage was concluded, the law of the place where the party usually resides, or the law of the country of nationality are all valid.

Article 23 The law of the place of common and permanent residence shall be applied to the personal relationship of the husband and wife. If there is no place of common and permanent residence, the law of the country of common nationality shall apply.

Article 24 With regard to husband and wife property relations, the parties may choose to apply the law of the place where the party usually resides, the law of the country of nationality, or the law of the place where the main property is located. If the parties do not have a choice, the law of the place of common habitual residence shall apply; if there is no place of common habitual residence, the law of the country of common nationality shall apply.

Article 25 The laws of the place of common and permanent residence of the parents, children, and women shall apply to the law of the place of common habitual residence; if there is no place of common habitual residence, the law of the law of the place of habitual residence of one of the parties or the law of the country of nationality shall be used to protect the rights of the weak.

Article 26. For a divorce by agreement, the parties may choose to apply the law of the place where the party usually resides or the law of the country of nationality. If the parties do not have a choice, the law of the place of common habitual residence shall apply; if there is no place of common habitual residence, the law of the country of common nationality shall apply; if they do not have a common nationality, the law of the place where the divorce formalities are handled shall apply.

Article 27. Laws of the court apply to divorce proceedings.

Article 28. The conditions and procedures for adoption shall be governed by the law of the place where the adopter and the adoptee reside. The effectiveness of adoption is governed by the law of the place where the adopter usually resides at the time of adoption. The termination of the adoption relationship shall be governed by the law of the place where the adoptee usually resides or the law of the court at the time of adoption.

Article 29 For maintenance, laws applicable to the protection of the rights and interests of the dependents shall be applicable to the law of the place where the party usually resides, the law of the country of nationality or the law of the place where the main property is located.

Article 30. Guardianship shall be governed by the law of the place where the party usually resides or the law of the country of nationality that is conducive to the protection of the rights and interests of the guardian.

Chapter IV Inheritance

Article 31 The legal inheritance shall be governed by the law of the place of habitual residence at the time of the death of the heir, but the legal inheritance of real estate shall apply the law of the place where the real estate is located.

Article 32 The testament is established if it conforms to the law of the place where the testator usually resides when he makes a will or dies, or the law of the country of nationality or the place where the testament was performed.

Article 33 The validity of a will shall be governed by the law of the place where the testator habitually resided or when he died, or the law of the country of nationality.

Article 34 For matters such as the administration of heritage, the law of the place where the heritage is located shall apply.

Article 35 For the ownership of uninherited inheritance, the law of the place where the inheritance dies shall apply.

Chapter V Real Right

Article 36 The right to real property shall be governed by the law of the place where the real property is located.

Article 37 The parties may agree on the law applicable to the right to the chattel. If the parties have no choice, the law of the place where the movable property occurred at the time when the legal facts occurred shall apply.

Article 38 The parties may agree to choose the law applicable to the change in the right to movable property in the transportation. Where the parties do not choose, the law of the destination of the transport shall apply.

Article 39 The securities shall be governed by the law of the place where the rights of the securities are realized or other laws that have the closest relationship with the securities.

Article 40 The pledge of rights shall be governed by the law of the place where the pledge was established.

Chapter VI Creditor's Rights

Article 41 The parties may agree to choose the law applicable to the contract. If the parties do not have a choice, the law of the place where the party performing the obligation that best reflects the characteristics of the contract or the law most closely related to the contract shall be applied.

Article 42 The consumer contract shall be governed by the law of the place where the consumer is habitually located; if the consumer chooses to apply the law of the place where the goods or services are provided or the operator is not engaged in relevant business activities in the place where the consumer is habitually located, the law of the place where the goods or services are provided shall be applicable .

Article 43 The labor contract shall be governed by the law of the place of work of the employee; if it is difficult to determine the place of work of the employee, the law of the employer's principal place of business shall be applied. Labor dispatch may be governed by the law of the place where the labor is dispatched.

Article 44. The law of the place of common infringement shall apply to the liability for tort, but if the parties have a place of common residence, the law of the place of common residence shall apply. After the infringement occurs, if the parties agree to choose the applicable law, the agreement shall be followed.

Article 45 For product liability, the law of the place where the infringer's habitual residence is applied shall apply; where the infringer chooses to apply the law of the infringer's principal place of business or the place where the damage occurred, or the infringer does not engage in relevant business activities in the place where the infringer's habitual residence is If applicable, the law of the principal place of business of the infringer or the law of the place where the damage occurred shall apply.

Article 46 Where the right to name, portrait, reputation, privacy and other personal rights are infringed through the Internet or by other means, the law of the place where the infringed person's permanent residence is applied shall apply.

Article 47. Improper gains and management without cause shall be governed by the law selected by the parties through agreement. Where the parties do not have a choice, the law of the parties' common habitual residence shall apply; if they do not have a common habitual residence, the law of the place where improper gains and causeless management occur shall apply.

Chapter VII Intellectual Property

Article 48 The ownership and content of intellectual property rights shall be governed by the law of the place where protection is sought.

Article 49 The parties may agree to choose the law applicable to the transfer and licensing of intellectual property rights. If the parties have no choice, the relevant provisions of this Law on contracts shall apply.

Article 50 The infringement liability of intellectual property rights shall apply to the law of the place where protection is requested, and the parties may also choose to apply the law of the court place after the infringement has occurred.

Supplementary Provisions to Chapter VIII of the Law of the People's Republic of China on the Applicable Law of Civil Relations Concerning Foreign Affairs

》第一百四十六条、第一百四十七条,《 中华人民共和国继承法 》第三十六条,与本法的规定不一致的,适用本法。 Article 51: Articles 146 and 147 of the General Principles of the Civil Law of the People's Republic of China and Article 36 of the Inheritance Law of the People's Republic of China are inconsistent with the provisions of this Law. This law.

Article 52 This Law shall enter into force on April 1, 2011.

分享的关于中华人民共和国涉外民事关系法律适用法的内容信息,希望这些内容对您有所帮助,如有关于婚姻登记的司法解释,离婚登记的法律法规、涉外离婚法律条款等相关的疑问也可在线咨询天津离婚律师网的专业婚姻诉讼律师。 The above is the content information about the applicable law of the People's Republic of China on civil relations related to foreign law shared by Tianjin marriage litigation lawyers . I hope these contents will be of help to you. Terms and other related questions can also consult online professional marriage litigation lawyers in Tianjin Divorce Lawyer Network.

Article transferred from: http://baike.baidu.com/item/ Law of the People's Republic of China on Civil Applicable Law of Civil Relations / 1431600

This paper address: http://prodaisy.com/flfg/3118.html

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