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Chapter VI: Domestic Relations
Article 45
(1) The formation of an engagement to marry is governed by the respective national law of each party. However, an engagement to marry is also effective if it satisfies the formal requisites of the national law of one of the parties or of the law of the place where the engagement is concluded.
(2) The effect of an engagement to marry is governed by the national law common to the parties; in the absence of a common national law, by the law of the domicile common to them; in the absence of a common law of domicile, by the law most closely connected with them.
Article 46
The formation of a marriage is governed by the national law of each party. However, a marriage is also effective if it satisfies the formal requisites prescribed either by the national law of one of the parties or by the law of the place of ceremony.
Article 47
The effect of a marriage relationship is governed by the national law common to the spouses; in the absence of a common national law, by the law of the domicile common to them; in the absence of a common law of domicile, by the law of the place most closely connected with the marriage relationship.
Article 48
(1) Where the spouses have agreed in writing that either the national law or the law of domicile of one of them shall apply to their matrimonial property regime, the law agreed-upon governs.
(2) Where there is no agreement or where their agreement is void under the applicable law of the preceding paragraph, the matrimonial property regime of the spouses is governed by the national law common to them; in the absence of a common national law, by the law of domicile common to them; in the absence of a common law of domicile, by the law of residence common to them; in the absence of a common law of residence, by the law of the place most closely connected with their marriage relationship.
(3) With respect to the immovable property of the spouses, if the property is subject to special provisions under the law of the place where it is located, the preceding two paragraphs do not apply.
Article 49
Where the applicable law to a matrimonial property regime is a foreign law, but where the spouses have undertaken a juridical act with a third person acting in good faith concerning a property located in the Republic of China, the effect of the matrimonial property regime on the third person is governed by the law of the Republic of China.
Article 50
Divorce and the effect of divorce are governed by the national law common to the spouses at the time they reach an agreement of divorce or when a suit is brought for the divorce; in the absence of a common national law, by the law of domicile common to them; in the absence of a common law of domicile, by the law of the place most closely connected with the marriage relationship.
Article 51
A child is a legitimate child if he/she was a legitimate child at the time of birth under the national law of the child, of his/her mother, or of the husband of his/her mother. However, where the marriage relationship between the parents has ended before a child was born, the child is a legitimate child if he/she was a legitimate child under his/her national law when born or under the national law of his/her mother or of the husband of his/her mother at the time the marriage relationship ended.
Article 52
Where the natural father and natural mother of a child born out of wedlock become married, the status of the child is governed by the law applicable to the effect of the marriage.
Article 53
(1) An acknowledgement of paternity is effective if, at the time it is made or an action concerning paternity is filed, it is effective under the national law of either the acknowledging person or the acknowledged person.
(2) If, under the preceding paragraph, the acknowledged person is a fetus, the national law of the mother is the national law of the fetus.
(3) The effect of an acknowledgement of paternity is governed by the national law of the acknowledging person.
Article 54
(1) The formation and termination of an adoption of a child are governed for the adoptive parent and for the adopted child by their respective national laws.
(2) The effect of an adoption and its termination is governed by the national law of the adoptive parent.
Article 55
The legal relationship between parents and their children is governed by the national law of the children.
Article 56
(1) A guardianship is governed by the national law of the ward. However, the guardianship of a ward who is an alien, who has a domicile or residence within the Republic of China, and who satisfies one of the following circumstances is governed by the law of the Republic of China:
a. Where, under the national law of the ward, a guardian should have been appointed for him, but there is no person performing the office of a guardian; and
b. Where the ward is the subject of a declaration of guardianship in the Republic of China.
(2) The preceding paragraph applies mutatis mutandis to a curatorship.
Article 57
A relationship of maintenance, whether or not arising from a matrimonial relationship, is governed by the national law of the person entitled to maintenance.