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Chapter II: The Subject of Rights
Article 9
The legal capacity of a person is governed by his/her national law.
Article 10
(1) The capacity of a person to act is governed by his/her national law.
(2) The capacity of a person to act is not lost or limited because of a change of nationality by him/her.
(3) Where an alien of no or limited capacity to act under his/her national law is of full capacity to act under the law of the Republic of China, he/she is deemed to be of full capacity to act with respect to his juridical acts undertaken within the Republic of China.
(4) The preceding paragraph does not apply to a juridical act governed by family law or law of succession or to a juridical act regarding immovable property located in a foreign State.
Article 11
(1) Where an alien having a domicile or residence within the Republic of China has disappeared, a declaration of death of that alien may be decreed with respect to his property located within the Republic of China or with respect to those legal relations affecting him that are required to be determined by reference to the law of the Republic of China.
(2) A declaration of death of an alien may be decreed in accordance with the law of the Republic of China and without regard to the limitations mentioned in the preceding paragraph, upon the application of the spouse or a lineal relative by blood of the disappeared alien if the spouse or lineal relative is a national of the Republic of China and has a domicile or residence within the Republic of China.
(3) The effect of a declaration of death decreed under either of the preceding two paragraphs is governed by the law of the Republic of China.
Article 12
(1) Where there is a valid ground to declare guardianship or curatorship in respect of an alien under both his/her national law and the law of the Republic of China, a declaration of guardianship or curatorship may be decreed if he/she has a domicile or residence within the Republic of China.
(2) The effect of a declaration of guardianship or curatorship decreed under the preceding paragraph is governed by the law of the Republic of China.
Article 13
The national law of a legal person is the law under which it was incorporated.
Article 14
The following internal affairs of an alien legal person are governed by its national law:
(1) The incorporation, legal nature, legal capacity and capacity to act of the legal person;
(2) The acquisition or withdrawal of membership in the corporation;
(3) The rights and obligations of membership in the corporation;
(4) The organs and organization of the legal person;
(5) The representative of the legal person and the limitation on his/her power of representation;
(6) The internal distribution of liability toward a third person between the legal person and its organs;
(7) The amendment of the bylaws;
(8) The dissolution and liquidation of the legal person; and
(9) Other internal affairs of the legal person.
Article 15
If an alien legal person establishes a branch under the law of the Republic of China, the internal affairs of that branch are governed by the law of the Republic of China.