Notice of Earnestly Studying and Implementing the Law of China on Choice of Law for Foreign-related Civil Relationships

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· Document Number:No.52 [2010] of the Supreme People’s Court

· Area of Law: Civil Law

· Level of Authority: Documents of Judicial Interpretation Nature

· Date issued:12-02-2010

· Effective Date:12-02-2010

· Issuing Authority: Supreme People's Court

· Status: Effective

 

Notice of the Supreme People's Court on Earnestly Studying and Implementing the Law of China on Choice of Law for Foreign-related Civil Relationships
(No.52 [2010] of the Supreme People's Court)
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region:
The Law onChoice of Lawfor Foreign-related Civil Relations (hereinafter referred to as the “Law onChoice of Lawfor Foreign-related Civil Relations”), as adopted at the 17th Session of the Standing Committee of the 11th National People's Congress on October 28, 2010, shall come into force on April 1, 2011. The Law onChoice of Lawfor Foreign-related Civil Relations, as an integral part of China's civil law, aims to define the application of law in such foreign-related civil relations as marriage and family, inheritance, real right, creditor's rights and intellectual property rights, and provide a basis for solving foreign-related civil disputes and protecting the legitimate rights and interests of the parties concerned. To accurately apply the Law onChoice of Lawfor Foreign-related Civil Relations in the future trial work, you are hereby notified of the relevant issues on studying and implementing the Law on Choice of Lawfor Foreign-related Civil Relations as follows:
I. The Law onChoice of Lawfor Foreign-related Civil Relations is the first separate law in China on the application of law in foreign-related civil relations, whose issuance would definitely have significant and far-reaching influences upon the foreign-related civil trial work in China. The people's courts at all levels shall actively organize judges to earnestly study the Law onChoice of Lawfor Foreign-related Civil Relations, correctly understand and master the legislative spirit, have an in-depth understanding of each article, and fully realize the significance of this law to the adjustment of China's foreign-related civil relations and its positive role in boosting international civil exchanges.
II. Specific chapters or articles of the General Principles of the Civil Law of the People's Republic of China and many other laws expressly provide for the application of law in the relevant foreign-related civil relations, and the people's courts at all levels have earnestly implemented these laws since they came into force, have tried a large number of foreign-related civil cases based on these laws, and have accumulated rich trial experience. After the implementation of the Law onChoice of Lawfor Foreign-related Civil Relations, the people's court at all levels shall pay attention to the application of new legislation and old ones and earnestly carry out the spirit of Article 2 and Article 51 of the Law onChoice of Lawfor Foreign-related Civil Relations.
III. The disputes arising from foreign-related civil relations prior to the implementation of the Law onChoice of Lawfor Foreign-related Civil Relations shall be governed by the provisions of the relevant laws at the time of occurrence of the relevant act; and if the provisions of the relevant laws are silent on such act at that time, the provisions of the Law onChoice of Lawfor Foreign-related Civil Relations may be taken as the reference.
IV. After the implementation of the Law onChoice of Lawfor Foreign-related Civil Relations, any content of the judicial interpretations formulated by the Supreme People's Court on the application of law in foreign-related civil relations contravening the provisions of the Law onChoice of Lawfor Foreign-related Civil Relations shall not apply.
V. The people's courts at all levels shall, when implementing the Law onChoice of Lawfor Foreign-related Civil Relations, pay attention to summarizing trial experience and strengthen investigation and research, so as to effectively guarantee the effective implementation of this Law. Please report difficulties encountered during implementation to this Court in a timely manner and put forward solutions or suggestive opinions in the report for research purpose or reference when this Court makes judicial interpretations, if it is necessary.
December 2, 2010