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

(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 V Property Rights

Article 36 The property rights of an immovable property shall be governed by the law of the jurisdiction where the immovable property is located.

Article 37 The parties may agree to choose the law to govern their property rights in a movable property. In the absence of a choice, their property rights shall be governed by the law of the jurisdiction where the movable property was located when the fact in issue occurred.

Article 38 The parties may agree to choose the law to govern the transfer of the property rights in a movable property in transit. In the absence of a choice, the transfer shall be governed by the law of the jurisdiction where the destination is located.

Article 39 Marketable securities shall be governed by the law of the jurisdiction where the rights of the securities are exercised or the law of the jurisdiction to which they have the most significant relationship.

Article 40 Pledge over rights shall be governed by the law of the jurisdiction where the pledge is created.

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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China International Arbitration Lawyers, membered by international lawyers and arbitrators experienced in international arbitration and litigation practising in Shanghai, authors of tens of published works.
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