General Principles Of Civil Law


Chapter VIII Application of Law in Civil Relations with Foreigners

Article 142

The application of law in civil relations with foreigners shall be
determined by the provisions in this chapter.

If any international treaty concluded or acceded to by the People's
Republic of China contains provisions differing from those in the
civil laws of the People's Republic of China, the provisions of the
international treaty shall apply, unless the provisions are ones on
which the People's Republic of China has announced reservations.

International practice may be applied to matters for which
neither the law of the People's Republic of China nor any
international treaty concluded or acceded to by the People's
Republic of China has any provisions.

Article 143

If a citizen of the People's Republic of China settles in a
foreign country, the law of that country may be applicable as regards
his capacity for civil conduct.

Article 144

The ownership of immovable property shall be bound by the law of the
place where it is situated.

Article 145

The parties to a contract involving foreign interests may choose
the law applicable to settlement of their contractual disputes,
except as otherwise stipulated by law.

If the parties to a contract involving foreign interests have not
made a choice, the law of the country to which the contract is most
closely connected shall be applied.

Article 146

The law of the place where an infringing act is committed shall apply
in handling compensation claims for any damage caused by the act. If
both parties are citizens of the same country or have established
domicile in another country, the law of their own country or the
country of domicile may be applied.

An act committed outside the People's Republic of China shall not
be treated as an infringing act if under the law of the Pcople's
Republic of China it is not considered an infringing act.

Article 147

The marriage of a citizen of the People's Republic of
China to a foreigner shall be bound by the law of the place where
they get married, while a divorce shall be bound by the law of
the place where a court accepts the case.

Article 148

Support shall be bound by the law of the country to
which the supportee is most closely connected.

Article 149

In the statutory succession of an estate, movable property shall
be bound by the law of the decedent's last place of residence, and
immovable property shall be bound by the law of the place where the
property is situated.

Article 150

The application of foreign laws or international practice in
accordance with the provisions of this chapter shall not violate
the public interest of the People's Republic of China.

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