Goto Main Content
:::

Chapter Law Content

Chapter I: General Principles
Article 1
Civil matters involving foreign elements are governed, in the absence of any provisions in this Act, by the provisions of other statutes; in the absence of applicable provisions in other statutes, by the principles of law.
Article 2
Where the applicable law in accordance with this Act is the national law of a party, but such party has multiple nationalities, the national law is the law of the nationality most closely connected with the party.
Article 3
Where the applicable law in accordance with this Act is the national law of a party, but the party is stateless, the law of the place in which the party is domiciled is applied.
Article 4
Where the applicable law in accordance with this Act is the law of the place in which a party is domiciled, but the party has multiple domiciles, the law of the domicile most closely connected with the party is applied.
If no domicile of a party can be established, the law of the place in which the party resides is applied.
Where a party has multiple residences, the law of the residence most closely connected with the party is applied. If no residence of a party can be established, the law of the place in which the party is present is applied.
Article 5
Where reference is made by this Act to the national law of a party, but the national law of the party differs by reference to sub-national region or another factor, the applicable law is the law as indicated by the rules on choice of law of that national law; if the rules on choice of law of that national law are unclear, the law with which the party is most closely connected, whether by region or by the other factor, is applied.
Article 6
Where this Act provides that the national law of a party is applicable, but the national law of the party indicates that another law should govern the legal relation in question, such other law is applied. However, if the national law of the party or the other law indicates, in turn, the law of the Republic of China as applicable, the internal law of the Republic of China is applied.
Article 7
Where a party to a civil matter involving foreign elements evades a compulsory provision or a prohibition of the law of the Republic of China, that compulsory provision or prohibition is nevertheless applied.
Article 8
Where this Act provides that the law of a foreign State is applicable, if the result of such application leads to a violation of the public order or boni mores of the Republic of China, that law of the foreign State is not applied.