The Law of Choice of Law Applicable in International Civil Relations - Chapter II

(The following clauses are selected from The Law of Choice of Law Applicable in International Civil Relations of the People's Republic of China authored by Robert Zhang and Steve Li, international arbitration lawyers registered in Shanghai, China.)


The Law of Choice of Law Applicable in International Civil Relations of the People's Republic of China


Chapter II The Parties

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 unknown, he shall be governed by the law of the jurisdiction where his present residence is located.

Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…

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