Friday, January 21, 2011

China-Conflict of Laws

China has now adopted its first law on the conflict of laws.

Chapter 3 deals with foreign-related marriage and divorce issues. However, Chapter One is also relevant to any such case.

Specifically with respect to divorce, the new law provides that if the parties themselves do not choose the law that will govern their divorce, the law of their common habitual residence shall be applied.

If there is no such common habitual residence, the law of their common nationality shall be applied or otherwise the law of the place where the agency responsible for completing the divorce formalities locates shall be applied.

Go to my website for the full text: