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

(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 III Marriage and Family

Article 21 The conditions for entering into marriage shall be governed by the law of the parties' jurisdiction of habitual residence, or the law of their country of nationality if their habitual residences are not located in the same jurisdiction, or the law of the jurisdiction where they will enter into marriage if they are not of the same nationality and will enter into marriage in the jurisdiction where either party's habitual residence is located or in either party's country of nationality.

Article 22 The formalities of a marriage shall be valid if they comply with the law of the jurisdiction where the marriage was entered into, the law of the jurisdiction where either spouse's habitual residence was located, or the law of either spouse's country of nationality.

Article 23 The personal relationship between spouses shall be governed by the law of their jurisdiction of habitual residence, or the law of their country of nationality if their habitual residences are not located in the same jurisdiction.

Article 24 The spouses may agree that their property relations be governed by the law of the jurisdiction where either spouse's habitual residence is located, the law of either spouse's country of nationality, or the law of the jurisdiction where the main property is located. In the absence of a choice, their property relations shall be governed by the law of their jurisdiction of habitual residence, or the law of their country of nationality if their habitual residences are not located in the same jurisdiction.

Article 25 The personal and property relations between parents, as one party, and children, as the other party, shall be governed by the law of their jurisdiction of habitual residence, or the law of the jurisdiction where either party's habitual residence is located or the law of either party's country of nationality which is more conducive to protecting the rights and interests of the vulnerable party if their habitual residences are not located in the same jurisdiction.

Article 26 In the case of divorce by agreement, the spouses may agree that their divorce be governed by the law of the jurisdiction where either spouse's habitual residence is located or the law of either spouse's country of nationality. In the absence of a choice, their divorce shall be governed by the law of their jurisdiction of habitual residence, or the law of their country of nationality if their habitual residences are not located in the same jurisdiction, or the law of the jurisdiction where the divorce registration authority is located if they are not of the same nationality.

Article 27 Divorce by litigation shall be governed by the law of the forum.

Article 28 The conditions and formalities for an adoption shall be governed by the laws of the jurisdictions where the adopter's and adoptee's habitual residences are located. The validity of an adoption shall be governed by the law of the jurisdiction where the adopter's habitual residence is located at the time of the adoption. An adoption dissolution shall be governed by the law of the jurisdiction where the adoptee's habitual residence is located at the time of the adoption or the law of the forum.

Article 29 Maintenance shall be governed by the law of the jurisdiction where either party's habitual residence is located, the law of either party's country of nationality, or the law of the jurisdiction where the main property is located which is most conducive to protecting the rights and interests of the dependent.

Article 30 Guardianship shall be governed by the law of the jurisdiction where either party's habitual residence is located or the law of either party's country of nationality which is more conducive to protecting the rights and interests of the ward.