民法通则 英文版 - 图文(7)

2019-08-03 12:45

Article_145

Unless otherwise stipulated by law, the parties to a contract involving foreigners may choose the law applicable to the handling of disputes arising from the contract. If the parties to a contract involving foreigners have not made a choice, the law of the country of closest connection to the contract shall be applied.

Article_146

With regard to compensation for damages resulting from an infringement of rights, the law of the place in which the infringement occurred shall be applied. If both

parties are nationals of the same country or domiciled in the same country, the law of their own country or of their place of domicile may also be applied.

Acts which occur outside the territory of the People's Republic of China and which the law of the People's Republic of China does not recognise as acts of infringement of rights shall not be dealt with as such.

Article_147

With regard to a marriage between a citizen of the People's Republic of China and a foreign national, the law of the place in which the marriage is concluded shall be applied. With regard to divorce, the law of the place in which the court handling the case is located shall be applied.

Article_148

With regard to the support of dependants, the law of the country of closest connection to the dependant shall be applied.

Article_149

With regard to the legal inheritance of property, the law of the place in which the deceased was domiciled at the time of the death shall be applied to personal property, while the law of the place in which real estate is situated shall be applied to such real estate.

Article_150

Where this Chapter provides for the application of the law of a foreign country or of international practice, this must not be contrary to the public interest of the People's Republic of China.

Chapter IX — Supplementary Principles

Article_151

The people's congress of a minority nationality autonomous area may, in accordance with the principles of the provisions of this Law, and incorporating the special

characteristics of the local minorities, formulate adaptive or supplementary articles or regulations. Those formulated by the people's congress of a minority nationality

autonomous region shall, in accordance with the provisions of the law, be reported to the Standing Committee of the National People's Congress for approval or for filing. Articles or regulations formulated by the people's congress of an autonomous prefecture or county shall be reported to the standing committee of the people's congress of the relevant province or autonomous region for approval.

Article_152

Enterprises under the ownership of the whole people which, before this Law came into force, were approved for establishment by the competent authorities at

provincial, autonomous region, centrally administered municipality or higher level and which are already registered with the industrial and commercial administrative authorities shall have the status of a legal person without having to re-register themselves as a legal person.

Article_153

The term \be foreseen, avoided or overcome.

Article_154

Periods of time referred to in the Civil Law are calculated in terms of the hours, days, months and years of the Gregorian calendar.

Where a period is to be calculated by hour, the time shall be calculated from the time specified. Where a period is specified to be calculated in terms of days, years or months, the day of commencement shall not be included. The calculation shall start from the following day.

Where the final day of a period falls on a Sunday or other statutory holiday, the day after the holiday shall be deemed to be the final day of the period.

Closing time on the final day of a period shall be midnight (2400 hours). Where business hours apply, closing time shall be the time at which business activities cease.

Article_155

The terms \Civil Law include the number itself. The terms \\Article_156 This Law shall come into force on 1 January 1987.


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