英文本—涉外民关系法律适用法.docVIP

《涉外民事关系法律适用法》英文 作者：陈卫佐等 STATUTE ON THE APPLICATION OF LAWS TO CIVIL RELATIONSHIPS INVOLVING FOREIGN ELEMENTS OF THE PEOPLE’S REPUBLIC OF CHINA(ADOPTED BY THE 17th SESSION OF THE STANDING COMMITTEE OF THE ELEVENTH NATIONAL PEOPLE’S CONGRESS ON 28 OCTOBER 2010) Translation by CHEN Weizuo* and Kevin M. MOORE** ? ???? Contents???? Chapter I General Provisions???? Chapter II Civil Subjects???? Chapter III Marriage and Family???? Chapter IV Succession???? Chapter V Rights in Rem???? Chapter VI Obligations???? Chapter VII Intellectual Property Rights???? Chapter VIII Supplementary Provisions ? Chapter I General Provisions ?????? Article 1? The present Statute is enacted in order to clarify the application of laws to civil relationships involving foreign elements, to resolve civil disputes involving foreign elements in an equitable manner, and to safeguard the lawful rights and interests of parties.?????? Article 2? The law applicable to civil relationships involving foreign elements shall be determined in accordance with the present Statute. If other statutes contain special provisions on the application of laws to civil relationships involving foreign elements, those provisions shall prevail.?????? If the present Statute or other statutes contain no provisions with regard to the application of laws to civil relationships involving foreign elements, the law that has the closest connection with the civil relationship involving foreign elements shall be applied.?????? Article 3 ?In accordance with statutory provisions, the parties may expressly choose the law applicable to a civil relationship involving foreign elements.?????? Article 4 ?If the law of the People’s Republic of China contains mandatory rules on civil relationships involving foreign elements, those mandatory rules shall be applied directly.?????? Article 5 ?If the application of a foreign law would cause harm to social and public interests of the People’s Republic of China, the law of the Peo