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1、Decree of the President of the Peoples Republic of China No. 36 It is hereby promulgated that the Law of the Peoples Republic of China on the Laws Applicable to Foreign-related Civil Relations has been adopted on 28 October 2010 at the 17th session of the Standing Committee of the 11th National Peop
2、les Congress of the Peoples Republic of China, which will come into effect as from 1 April 2011. HU Jintao, President of the Peoples Republic of China 28 October 2010 LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE LAWS APPLICABLE TO FOREIGN-RELATED CIVIL RELATIONS (Adopted at the 17th session of the St
3、anding Committee of the 11th National Peoples Congress, 28 October 2010) Content Chapter One General Provisions Chapter Two Civil Entities Chapter Three Marriage and Family Chapter Four Succession Chapter Five Rights in rem Chapter Six Obligations Chapter Seven Intellectual Property Rights Chapter E
4、ight Miscellaneous Provisions CHAPTER ONE GENERAL PROVISIONS ARTICLE 1 This law is formulated with a view to specifying the laws applicable to foreign-related civil relations, resolving foreign-related civil disputes fairly and safeguarding the legitimate rights and interests of the parties. ARTICLE
5、 2 The laws applicable to foreign-related civil relations shall be specified in accordance with this law. Where other statutes have a special and different provision on the law applicable to a foreign-related civil relation, that provision shall be followed. Where no applicable law to a foreign-rela
6、ted civil relation has been specified in this 1 law or other statutes, the law that is most closely connected with the foreign-related civil relation shall be applied. ARTICLE 3 The parties may explicitly choose the law applicable to their foreign-related civil relation in accordance with the provis
7、ions of this law. ARTICLE 4 Where a mandatory provision of the law of the Peoples Republic of China (“PRC”) exists with respect to a foreign-related civil relation, that mandatory provision shall be applied directly. ARTICLE 5 Where the application of a foreign law will be prejudicial to the social
8、and public interest of the PRC, the PRC law shall be applied. ARTICLE 6 Where a foreign law is applicable to a foreign-related civil relation and different laws are implemented in the different regions of that country, the law of the region that is most closely connected with the foreign-related civ
9、il relation shall be applied. ARTICLE 7 Limitation period is governed by the law that should be applicable to the foreign-related civil relation. ARTICLE 8 Classification of foreign-related civil relations is governed by the law of the forum. ARTICLE 9 The foreign law applicable to a foreign-related
10、 civil relation does not include the conflict rules of that country. ARTICLE 10 The foreign law applicable to a foreign-related civil relation will be ascertained by the relevant peoples court, arbitration institution or the administrative agency. Where the parties have chosen a foreign law to be ap
11、plicable, they shall adduce the law of that country. Where the foreign law cannot be ascertained or the law of that country does not have a relevant provision, the PRC law shall be applied. CHAPTER TWO CIVIL ENTITIES ARTICLE 11 Civil capacity of a natural person is governed by the law of the place w
12、here the person habitually resides. ARTICLE 12 Civil competence of a natural person is governed by the law of the place where the person habitually resides. Where a natural person engaging in civil activities is deemed incompetent pursuant to the law of the place where the person habitually resides
13、but competent according to 2 the law of the place where the act is performed, the law of the place where the act is performed shall be applied, with the exception of those related to marriage, family or succession. ARTICLE 13 Declaration of missing or declaration of death are governed by the law of
14、the place where the natural person habitually resides. ARTICLE 14 Items such as the civil capacity, civil competence, organizational structure and shareholder rights, etc. of a juridical person and its branches are governed by the law of the place of registration. The law of the principal place of b
15、usiness of a juridical person may be applicable where such principal place of business is different from the place of registration. The principal place of business of a juridical person shall be deemed to be its habitual residence. ARTICLE 15 The content of personality right is governed by the law o
16、f the obligees habitual residence. ARTICLE 16 Agency is governed by the law of the place where the act of agency occurs. However, the civil relation between the principal and agent will be governed by the law of the place where the agency relationship is established. The parties may by agreement choose the law applicable to their relation of commissioned agency. ARTICLE 17 The parties may by agreement choose the law applicable to
