《涉外民事关系法律适用法》英文
作者：陈卫佐等
STATUTE ON THE APPLICATION OF LAWS TO CIVIL
RELATIONSHIPS INVOLVING FOREIGN ELEMENTS OF THE
PEOPLE’S REPUBLIC OF CHINA
(ADOPTED BY THE 17th SESSION OF THE STANDING COMMITTEE OF THE ELEVENTH NATIONAL PEOPLE’S CONGRESS ON 28 OCTOBER 2010)
Translation by CHEN Weizuo* and Kevin M. MOORE**
Contents
Chapter I General Provisions
Chapter II Civil Subjects
Chapter III Marriage and Family
Chapter IV Succession
Chapter V Rights in Rem
Chapter VI Obligations
Chapter VII Intellectual Property Rights
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 The present Statute is enacted in order to clarify the application of laws to civil relationships involving foreign elements, to resolve civil disputes involving foreign elements in an equitable manner, and to safeguard the lawful rights and interests of parties.
Article 2 The law applicable to civil relationships involving foreign elements shall be determined in accordance with the present Statute. If other statutes contain special provisions on the application of laws to civil relationships involving foreign elements, those provisions shall prevail.
If the present Statute or other statutes contain no provisions with regard to the application of laws to civil relationships involving foreign elements, the law that has the closest connection with the civil relationship involving foreign elements shall be applied.
Article 3 In accordance with statutory provisions, the parties may expressly choose the law applicable to a civil relationship involving foreign elements.
Article 4 If the law of the People’s Republic of China contains mandatory rules on civil relationships involving foreign elements, those mandatory rules shall be applied directly.
Article 5 If the application of a foreign law would cause harm to social and public interests of the People’s Republic of China, the law of the People’s Republic of China shall be applied.
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Article 6 If a civil relationship involving foreign elements is to be governed by foreign law, and if different regions in the foreign country have different laws in force, the law of the region with which the civil relationship involving foreign elements has the closest connection shall be applied.
Article 7 Limitation of actions shall be governed by the law that is to govern the relevant civil relationship involving foreign elements.
Article 8 The characterization of any civil relationship involving foreign elements shall be governed by the lex fori.
Article 9 The law of a foreign country that is to govern a civil relationship involving foreign elements does not refer to the law on the application of laws of that country.
Article 10 The law of a foreign country that is to govern a civil relationship involving foreign elements shall be ascertained by the people’s courts, arbitration institutions or administrative organs.
If the law of a foreign country cannot be ascertained, or if the law of that country contains no relevant provisions, the law of the People’s Republic of China shall be applied.
Chapter II Civil Subjects
Article 11 The civil legal capacity of a natural person shall be governed by the law of the place of his/her habitual residence.
Article 12 The capacity to engage in civil juristic acts of a natural person shall be governed by the law of the place of his/her habitual residence.
If a natural person is engaged in civil activities, and he/she has no capacity to engage in civil juristic acts according to the law of the place of his/her habitual residence, but he/she has the capacity to engage in civil juristic acts according to the lex loci actus, the lex loci actus shall be applied, except if marriage, family or succession is involved.
Article 13 Declaration of a missing person or declaration of death shall be governed by the law of the place of habitual residence of the natural person concerned.
Article 14 Matters such as the civil legal capacity, the capacity to engage in civil juristic acts, organizations and institutions of a legal person and its branches, as well as shareholders’ rights and duties, shall be governed by the law of the place of registration.
If the principal place of business of a legal person differs from the place of registration, the law of the principal place of business may be applied. The place of habitual residence of a legal person is its principal place of business.
Article 15 Contents of rights of personality shall be governed by the law of the place of habitual residence of the right holder.
Article 16 Agency shall be governed by the lex loci actus of the act of agency, but civil relationships between the principal and the agent shall be governed by the law of the place where the agency relationship occurs.
The parties may choose by agreement the law applicable to an entrusted agency.
Article 17 The parties may choose by agreement the law applicable to a trust. In the absence of a choice by the parties, the law of the place where the trust property is situated or the law of the place where the trust relationship occurs shall be applied.
Article 18 The parties may choose by agreement the law applicable to an arbitration agreement. In the absence of a choice by the parties, the law of the place where the arbitration institution is situated or the law of the place of arbitration shall be applied.
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Article 19 If the law of the country of nationality is to be applied according to the present Statute, and a natural person has two or more nationalities, the law of the country of nationality in which he/she has a habitual residence shall be applied; if he/she has no habitual residence in any country of nationality, the law of the country of nationality with which he/she has the closest connection shall be applied. If a natural person has no nationality, or if his/her nationality is unknown, the law of the place of his/her habitual residence shall be applied.
Article 20 If the law of the place of habitual residence is to be applied according to the present Statute, and the place of habitual residence of a natural person is unknown, the law of the place of his/her current residence shall be applied.
Chapter III Marriage and Family
Article 21 Conditions of marriage shall be governed by the law of the place of common habitual residence of the parties; they shall be governed by the law of the country of the common nationality in the absence of a place of common habitual residence; they shall be governed by the lex loci celebrationis if there exists no common nationality and the marriage is to be entered into at the place of habitual residence of one party or in his/her country of nationality.
Article 22 Formalities of marriage are valid if they satisfy the lex loci celebrationis, the law of the place of habitual residence or the law of the country of nationality of one party.
Article 23 Personal relationships of spouses shall be governed by the law of the place of their common habitual residence; in the absence of a place of common habitual residence, the law of the country of their common nationality shall be applied.
Article 24 With regard to property relationships of spouses, the parties may choose by agreement the law of the place of habitual residence or the law of the country of nationality of one party, or the law of the place where the principal property is situated, as applicable. In the absence of a choice by the parties, the law of the place of their common habitual residence shall be applied; in the absence of a place of common habitual residence, the law of the country of their common nationality shall be applied. Article 25 Personal relationships and property relationships between parent and child shall be governed by the law of the place of their common habitual residence; in the absence of a place of common habitual residence, the law of the place of habitual residence or the law of the country of nationality of one party shall be applied, provided that it is the law favoring protection of the rights and interests of the weaker party.
Article 26 With regard to divorce by agreement, the parties may choose by agreement the law of the place of habitual residence or the law of the country of nationality of one party as applicable. In the absence of a choice by the parties, the law of the place of their common habitual residence shall be
applied; in the absence of a place of common habitual residence, the law of the country of their common nationality shall be applied; in the absence of a common nationality, the law of the place where the institution conducting the divorce formalities is situated shall be applied.
Article 27 Divorce by litigation shall be governed by the lex fori.
Article 28 Conditions and formalities of adoption shall be governed by the law of the place of
habitual residence of the adopter and the law of the place of habitual residence of the adoptee. Effects of adoption shall be governed by the law of the place of habitual residence of the adopter at the time of adoption. Dissolution of an adoption relationship shall be governed by the law of the place of habitual residence of the adoptee at the time of adoption or the lex fori.
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Article 29 Maintenance shall be governed by the law of the place of habitual residence or the law of the country of nationality of one party, or the law of the place where the principal property is situated, provided that it is the law favoring protection of the rights and interests of the person to be maintained. Article 30 Guardianship shall be governed by the law of the place of habitual residence or the law of the country of nationality of one party, provided that it is the law favoring protection of the rights and interests of the ward.
Chapter IV Succession
Article 31 Intestate succession shall be governed by the law of the place of habitual residence of the decedent upon his/her death, but intestate succession of immovable property shall be governed by the law of the place where the immovable property is situated.
Article 32 A testament is valid as to form if the form of the testament satisfies the law of the place of habitual residence, the law of the country of nationality of the testator or the lex loci actus of the act of testament at the time of making the testament, or upon the death of the testator.
Article 33 Effects of a testament shall be governed by the law of the place of habitual residence or the law of the country of nationality of the testator at the time of making the testament, or upon the death of the testator.
Article 34 Matters such as the administration of estates shall be governed by the law of the place where the estates are situated.
Article 35 Devolution of heirless estates shall be governed by the law of the place where the estates are situated upon the death of the decedent.
Chapter V Rights in Rem
Article 36 Rights in rem of immovable property shall be governed by the law of the place where the immovable property is situated.
Article 37 The parties may choose by agreement the law applicable to rights in rem of movable property. In the absence of a choice by the parties, the law of the place where the movable property is situated at the time of the occurrence of the juristic fact concerned shall be applied.
Article 38 The parties may choose by agreement the law applicable to any change of rights in rem of movable property that takes place during transport. In the absence of a choice by the parties, the law of the transport destination shall be applied.
Article 39 Securities shall be governed by the law of the place where the rights of the securities are realized, or by any other law that has the closest connection with the securities.
Article 40 Pledge of rights shall be governed by the law of the place where the pledge is established.
Chapter VI Obligations
Article 41 The parties may choose by agreement the law applicable to a contract. In the absence of a choice by the parties, the contract shall be governed by the law of the place of habitual residence of 4
one party whose performance of obligations can best embody the characteristics of the contract, or by any other law that has the closest connection with the contract.
Article 42 Consumer contracts shall be governed by the law of the place of the consumer’s habitual residence; if the consumer has chosen the law of the place of the provision of commodities or services as applicable, or if the entrepreneur has not been engaged in relevant business activities at the place of the consumer’s habitual residence, the law of the place of the provision of commodities or services shall be applied.
Article 43 Labor contracts shall be governed by the law of the place where the laborer works; if the place where laborer works is difficult to ascertain, the law of the principal place of business of the employing unit shall be applied. Labor dispatch may be governed by the law of the dispatching place. Article 44 Tortious liability shall be governed by the lex loci delicti, but it shall be governed by the law of the place of common habitual residence if the parties have a place of common habitual residence. If the parties agree to choose the applicable law after the occurrence of a tortious act, their agreement shall be followed.
Article 45 Product liability shall be governed by the law of the place of habitual residence of the person whose right has been infringed upon; if the person whose right has been infringed upon has chosen the law of the principal place of business of the infringing person or the lex loci damni as
applicable, or if the infringing person has not been engaged in relevant business activities at the place of habitual residence of the person whose right has been infringed upon, the law of the principal place of business of the infringing person or the lex loci damni shall be applied.
Article 46 If rights of personality, such as right of name, right of portrait, right of reputation and right of privacy, have been infringed upon via the internet or by any other means, the law of the place of habitual residence of the person whose right has been infringed upon shall be applied.
Article 47 Unjust enrichment or negotiorum gestio shall be governed by the law chosen as
applicable by the parties by agreement. In the absence of a choice by the parties, the law of the place of common habitual residence of the parties shall be applied; in the absence of a place of common habitual residence, the law of the place of occurrence of the unjust enrichment or negotiorum gestio shall be applied.
Chapter VII Intellectual Property Rights
Article 48 Devolution and contents of intellectual property rights shall be governed by the law of the place for which the protection is invoked.
Article 49 The parties may choose by agreement the law applicable to the transfer and licensed use of intellectual property rights. In the absence of a choice by the parties, the provisions of the present Statute relating to contracts shall be applied.
Article 50 Tortious liability arising out of infringement of intellectual property rights shall be
governed by the law of the place for which the protection is invoked; after occurrence of the tortious act, the parties may also choose by agreement the lex fori as applicable.
Chapter VIII Supplementary Provisions
Article 51 Where Articles 146 and 147 of the General Principles of Civil Law of the People’s 5
Republic of China, and Article 36 of the Succession Law of the People’s Republic of China, differ from the provisions of the present Statute, the present Statute shall be applied.
Article 52 The present Statute shall come into force on 1 April 2011.
* Director of the Research Centre for Private International Law and Comparative Law, Tsinghua University School of Law, Beijing, China; Doctor of Laws, Wuhan University, China; LL.M. and doctor iuris, Universität des Saarlandes, Germany; professeur invite à la Faculté internationale de droit comparé de Strasbourg, France (since 2003); professeur invité à l’Université de Strasbourg, France (2005-2010); to teach a special course in French on La nouvelle codification du droit international privé chinois (The New Codification of Chinese Private International Law) from 30 July to 3 August 2012 at the Hague Academy of International Law during its 2012 summer session of private international law. Address: Tsinghua University School of Law, 100084 Beijing, China. E-mail: [email protected]. The present author owes great thanks to Kevin M. Moore (LL.M., Peking University; Legislative Aide, Oregon Senator Floyd Prozanski; juris doctor candidate, Willamette University College of Law) for his assistance and helpful suggestions.
* * LL.M., Peking University; Legislative Aide, Oregon Senator Floyd Prozanski; juris doctor candidate, Willamette University College of Law.
本文原载于《国际私法年刊》（Yearbook of Private International Law）第12卷（2010年），第669－674页，由德国sellier. european law publishers 和瑞士比较法研究所出版
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《涉外民事关系法律适用法》英文
作者：陈卫佐等
STATUTE ON THE APPLICATION OF LAWS TO CIVIL
RELATIONSHIPS INVOLVING FOREIGN ELEMENTS OF THE
PEOPLE’S REPUBLIC OF CHINA
(ADOPTED BY THE 17th SESSION OF THE STANDING COMMITTEE OF THE ELEVENTH NATIONAL PEOPLE’S CONGRESS ON 28 OCTOBER 2010)
Translation by CHEN Weizuo* and Kevin M. MOORE**
Contents
Chapter I General Provisions
Chapter II Civil Subjects
Chapter III Marriage and Family
Chapter IV Succession
Chapter V Rights in Rem
Chapter VI Obligations
Chapter VII Intellectual Property Rights
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 The present Statute is enacted in order to clarify the application of laws to civil relationships involving foreign elements, to resolve civil disputes involving foreign elements in an equitable manner, and to safeguard the lawful rights and interests of parties.
Article 2 The law applicable to civil relationships involving foreign elements shall be determined in accordance with the present Statute. If other statutes contain special provisions on the application of laws to civil relationships involving foreign elements, those provisions shall prevail.
If the present Statute or other statutes contain no provisions with regard to the application of laws to civil relationships involving foreign elements, the law that has the closest connection with the civil relationship involving foreign elements shall be applied.
Article 3 In accordance with statutory provisions, the parties may expressly choose the law applicable to a civil relationship involving foreign elements.
Article 4 If the law of the People’s Republic of China contains mandatory rules on civil relationships involving foreign elements, those mandatory rules shall be applied directly.
Article 5 If the application of a foreign law would cause harm to social and public interests of the People’s Republic of China, the law of the People’s Republic of China shall be applied.
1
Article 6 If a civil relationship involving foreign elements is to be governed by foreign law, and if different regions in the foreign country have different laws in force, the law of the region with which the civil relationship involving foreign elements has the closest connection shall be applied.
Article 7 Limitation of actions shall be governed by the law that is to govern the relevant civil relationship involving foreign elements.
Article 8 The characterization of any civil relationship involving foreign elements shall be governed by the lex fori.
Article 9 The law of a foreign country that is to govern a civil relationship involving foreign elements does not refer to the law on the application of laws of that country.
Article 10 The law of a foreign country that is to govern a civil relationship involving foreign elements shall be ascertained by the people’s courts, arbitration institutions or administrative organs.
If the law of a foreign country cannot be ascertained, or if the law of that country contains no relevant provisions, the law of the People’s Republic of China shall be applied.
Chapter II Civil Subjects
Article 11 The civil legal capacity of a natural person shall be governed by the law of the place of his/her habitual residence.
Article 12 The capacity to engage in civil juristic acts of a natural person shall be governed by the law of the place of his/her habitual residence.
If a natural person is engaged in civil activities, and he/she has no capacity to engage in civil juristic acts according to the law of the place of his/her habitual residence, but he/she has the capacity to engage in civil juristic acts according to the lex loci actus, the lex loci actus shall be applied, except if marriage, family or succession is involved.
Article 13 Declaration of a missing person or declaration of death shall be governed by the law of the place of habitual residence of the natural person concerned.
Article 14 Matters such as the civil legal capacity, the capacity to engage in civil juristic acts, organizations and institutions of a legal person and its branches, as well as shareholders’ rights and duties, shall be governed by the law of the place of registration.
If the principal place of business of a legal person differs from the place of registration, the law of the principal place of business may be applied. The place of habitual residence of a legal person is its principal place of business.
Article 15 Contents of rights of personality shall be governed by the law of the place of habitual residence of the right holder.
Article 16 Agency shall be governed by the lex loci actus of the act of agency, but civil relationships between the principal and the agent shall be governed by the law of the place where the agency relationship occurs.
The parties may choose by agreement the law applicable to an entrusted agency.
Article 17 The parties may choose by agreement the law applicable to a trust. In the absence of a choice by the parties, the law of the place where the trust property is situated or the law of the place where the trust relationship occurs shall be applied.
Article 18 The parties may choose by agreement the law applicable to an arbitration agreement. In the absence of a choice by the parties, the law of the place where the arbitration institution is situated or the law of the place of arbitration shall be applied.
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Article 19 If the law of the country of nationality is to be applied according to the present Statute, and a natural person has two or more nationalities, the law of the country of nationality in which he/she has a habitual residence shall be applied; if he/she has no habitual residence in any country of nationality, the law of the country of nationality with which he/she has the closest connection shall be applied. If a natural person has no nationality, or if his/her nationality is unknown, the law of the place of his/her habitual residence shall be applied.
Article 20 If the law of the place of habitual residence is to be applied according to the present Statute, and the place of habitual residence of a natural person is unknown, the law of the place of his/her current residence shall be applied.
Chapter III Marriage and Family
Article 21 Conditions of marriage shall be governed by the law of the place of common habitual residence of the parties; they shall be governed by the law of the country of the common nationality in the absence of a place of common habitual residence; they shall be governed by the lex loci celebrationis if there exists no common nationality and the marriage is to be entered into at the place of habitual residence of one party or in his/her country of nationality.
Article 22 Formalities of marriage are valid if they satisfy the lex loci celebrationis, the law of the place of habitual residence or the law of the country of nationality of one party.
Article 23 Personal relationships of spouses shall be governed by the law of the place of their common habitual residence; in the absence of a place of common habitual residence, the law of the country of their common nationality shall be applied.
Article 24 With regard to property relationships of spouses, the parties may choose by agreement the law of the place of habitual residence or the law of the country of nationality of one party, or the law of the place where the principal property is situated, as applicable. In the absence of a choice by the parties, the law of the place of their common habitual residence shall be applied; in the absence of a place of common habitual residence, the law of the country of their common nationality shall be applied. Article 25 Personal relationships and property relationships between parent and child shall be governed by the law of the place of their common habitual residence; in the absence of a place of common habitual residence, the law of the place of habitual residence or the law of the country of nationality of one party shall be applied, provided that it is the law favoring protection of the rights and interests of the weaker party.
Article 26 With regard to divorce by agreement, the parties may choose by agreement the law of the place of habitual residence or the law of the country of nationality of one party as applicable. In the absence of a choice by the parties, the law of the place of their common habitual residence shall be
applied; in the absence of a place of common habitual residence, the law of the country of their common nationality shall be applied; in the absence of a common nationality, the law of the place where the institution conducting the divorce formalities is situated shall be applied.
Article 27 Divorce by litigation shall be governed by the lex fori.
Article 28 Conditions and formalities of adoption shall be governed by the law of the place of
habitual residence of the adopter and the law of the place of habitual residence of the adoptee. Effects of adoption shall be governed by the law of the place of habitual residence of the adopter at the time of adoption. Dissolution of an adoption relationship shall be governed by the law of the place of habitual residence of the adoptee at the time of adoption or the lex fori.
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Article 29 Maintenance shall be governed by the law of the place of habitual residence or the law of the country of nationality of one party, or the law of the place where the principal property is situated, provided that it is the law favoring protection of the rights and interests of the person to be maintained. Article 30 Guardianship shall be governed by the law of the place of habitual residence or the law of the country of nationality of one party, provided that it is the law favoring protection of the rights and interests of the ward.
Chapter IV Succession
Article 31 Intestate succession shall be governed by the law of the place of habitual residence of the decedent upon his/her death, but intestate succession of immovable property shall be governed by the law of the place where the immovable property is situated.
Article 32 A testament is valid as to form if the form of the testament satisfies the law of the place of habitual residence, the law of the country of nationality of the testator or the lex loci actus of the act of testament at the time of making the testament, or upon the death of the testator.
Article 33 Effects of a testament shall be governed by the law of the place of habitual residence or the law of the country of nationality of the testator at the time of making the testament, or upon the death of the testator.
Article 34 Matters such as the administration of estates shall be governed by the law of the place where the estates are situated.
Article 35 Devolution of heirless estates shall be governed by the law of the place where the estates are situated upon the death of the decedent.
Chapter V Rights in Rem
Article 36 Rights in rem of immovable property shall be governed by the law of the place where the immovable property is situated.
Article 37 The parties may choose by agreement the law applicable to rights in rem of movable property. In the absence of a choice by the parties, the law of the place where the movable property is situated at the time of the occurrence of the juristic fact concerned shall be applied.
Article 38 The parties may choose by agreement the law applicable to any change of rights in rem of movable property that takes place during transport. In the absence of a choice by the parties, the law of the transport destination shall be applied.
Article 39 Securities shall be governed by the law of the place where the rights of the securities are realized, or by any other law that has the closest connection with the securities.
Article 40 Pledge of rights shall be governed by the law of the place where the pledge is established.
Chapter VI Obligations
Article 41 The parties may choose by agreement the law applicable to a contract. In the absence of a choice by the parties, the contract shall be governed by the law of the place of habitual residence of 4
one party whose performance of obligations can best embody the characteristics of the contract, or by any other law that has the closest connection with the contract.
Article 42 Consumer contracts shall be governed by the law of the place of the consumer’s habitual residence; if the consumer has chosen the law of the place of the provision of commodities or services as applicable, or if the entrepreneur has not been engaged in relevant business activities at the place of the consumer’s habitual residence, the law of the place of the provision of commodities or services shall be applied.
Article 43 Labor contracts shall be governed by the law of the place where the laborer works; if the place where laborer works is difficult to ascertain, the law of the principal place of business of the employing unit shall be applied. Labor dispatch may be governed by the law of the dispatching place. Article 44 Tortious liability shall be governed by the lex loci delicti, but it shall be governed by the law of the place of common habitual residence if the parties have a place of common habitual residence. If the parties agree to choose the applicable law after the occurrence of a tortious act, their agreement shall be followed.
Article 45 Product liability shall be governed by the law of the place of habitual residence of the person whose right has been infringed upon; if the person whose right has been infringed upon has chosen the law of the principal place of business of the infringing person or the lex loci damni as
applicable, or if the infringing person has not been engaged in relevant business activities at the place of habitual residence of the person whose right has been infringed upon, the law of the principal place of business of the infringing person or the lex loci damni shall be applied.
Article 46 If rights of personality, such as right of name, right of portrait, right of reputation and right of privacy, have been infringed upon via the internet or by any other means, the law of the place of habitual residence of the person whose right has been infringed upon shall be applied.
Article 47 Unjust enrichment or negotiorum gestio shall be governed by the law chosen as
applicable by the parties by agreement. In the absence of a choice by the parties, the law of the place of common habitual residence of the parties shall be applied; in the absence of a place of common habitual residence, the law of the place of occurrence of the unjust enrichment or negotiorum gestio shall be applied.
Chapter VII Intellectual Property Rights
Article 48 Devolution and contents of intellectual property rights shall be governed by the law of the place for which the protection is invoked.
Article 49 The parties may choose by agreement the law applicable to the transfer and licensed use of intellectual property rights. In the absence of a choice by the parties, the provisions of the present Statute relating to contracts shall be applied.
Article 50 Tortious liability arising out of infringement of intellectual property rights shall be
governed by the law of the place for which the protection is invoked; after occurrence of the tortious act, the parties may also choose by agreement the lex fori as applicable.
Chapter VIII Supplementary Provisions
Article 51 Where Articles 146 and 147 of the General Principles of Civil Law of the People’s 5
Republic of China, and Article 36 of the Succession Law of the People’s Republic of China, differ from the provisions of the present Statute, the present Statute shall be applied.
Article 52 The present Statute shall come into force on 1 April 2011.
* Director of the Research Centre for Private International Law and Comparative Law, Tsinghua University School of Law, Beijing, China; Doctor of Laws, Wuhan University, China; LL.M. and doctor iuris, Universität des Saarlandes, Germany; professeur invite à la Faculté internationale de droit comparé de Strasbourg, France (since 2003); professeur invité à l’Université de Strasbourg, France (2005-2010); to teach a special course in French on La nouvelle codification du droit international privé chinois (The New Codification of Chinese Private International Law) from 30 July to 3 August 2012 at the Hague Academy of International Law during its 2012 summer session of private international law. Address: Tsinghua University School of Law, 100084 Beijing, China. E-mail: [email protected]. The present author owes great thanks to Kevin M. Moore (LL.M., Peking University; Legislative Aide, Oregon Senator Floyd Prozanski; juris doctor candidate, Willamette University College of Law) for his assistance and helpful suggestions.
* * LL.M., Peking University; Legislative Aide, Oregon Senator Floyd Prozanski; juris doctor candidate, Willamette University College of Law.
本文原载于《国际私法年刊》（Yearbook of Private International Law）第12卷（2010年），第669－674页，由德国sellier. european law publishers 和瑞士比较法研究所出版
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