涉外民事法律適用法

For foreign-related civil matters, if this Act has no rule, apply other laws; if other laws also have no rule, apply legal principles.

人的行為能力依其本國法；已具行為能力者，不因國籍變更而喪失或受限制。

A missing foreign national who has a domicile or residence in Taiwan may be declared dead under Taiwan law, and in some cases the foreign national’s spouse or lineal blood relative who is a Taiwan national and currently domiciled or resident in Taiwan may apply without the first paragraph’s limit.

在中華民國有住所或居所、且依本國法與中華民國法都具備受監護或輔助宣告原因的外國人，可以聲請或被作成監護、輔助宣告；其效力依中華民國法律。

A juridical person’s domestic law is the law under which it was established.

A foreign legal person’s listed internal matters are governed by its home law.

依中華民國法律設立之外國法人分支機構，其內部事項適用中華民國法律。

法律行為的方式，原則上依應適用的法律；但依行為地法定方式或在不同行為地時依任一行為地法定方式，也都有效。

The law governing an agency authority and its effect between principal and agent is the law they expressly agree on; if they do not expressly agree, it is the law most closely connected to the agency act.

If an agent acts in the principal’s name, the law governing the existence, limits, and legal effects of the agency authority is the law expressly agreed by the principal and the third party; if there is no express agreement, it is the law most closely connected to the agency act.

When an agent acts in the principal’s name, the legal effects between the agent and the counterparty are governed by the law specified in the preceding article for acts within, beyond, or without authority.

This provision says the person’s home-country law applies, and if the person has multiple nationalities, the home-country law is determined by the nationality with the closest connection.

For legal acts creating obligations, the parties’ chosen law governs formation and validity; if there is no express choice, or the choice is invalid under the chosen law, the law most closely connected applies.

Legal acts concerning rights on a negotiable instrument are governed first by the law chosen by the parties; if there is no express choice, or the chosen law is invalid, the law of the place of the act applies, and if that place is unknown, the law of the place of payment applies. Acts to exercise or preserve those rights are governed by the law of the place where the act is done.

This provision says that for debts arising from legal acts involving order securities or bearer securities, formation and effect are governed by the law of the place where the act occurs; if that place is unknown, the law of the place of payment applies.

Obligations arising from management of another’s affairs without mandate are governed by the law of the place where the affairs are managed.

Unjust-enrichment claims are governed by the law of the place where the benefit was received, unless the unjust enrichment arose from a performance, in which case the applicable law is the law governing the legal relationship from which that performance arose.

Tort-based obligations are governed by the law of the place where the tort occurred, unless a more closely related law applies.

This article sets the governing law for legal relations between an injured person and a product manufacturer when damage arises from normal use or consumption of a product.

Claims arising from harm caused by unfair competition or restraint of competition are governed by the law of the market where the harm occurred, unless the unlawful act was caused by a legal act and the law governing that legal act is more favorable to the injured person.

For torts carried out through publishing, broadcasting, television, computer networks, or similar communication methods, the debt arising from the tort is governed by the law most closely connected under the listed rules.

Tort victims may have a direct claim against the liable party’s insurer, depending on the law applicable to the insurance contract.

This provision says the parties’ national law applies; if a party has no nationality, the law of that party’s domicile applies.

Obligations arising from legal facts outside the scope of Article 20 and the preceding provisions are governed by the law of the place where the fact occurred.

If a non-contractual debt is sued on in a Republic of China court, the parties may agree to apply Republic of China law, and that law will then apply.

An assignment of a claim is governed, as to its effect on the debtor, by the law applicable to the original claim; if the claim is secured by a third party’s security right, its effect on that third party is governed by the law applicable to that security right.

When a person assumes another person's debt by contract, the effect on the creditor is governed by the law applicable to the original debt's formation and effect. If the debt performance is secured by the creditor's security right against a third party, the effect on that third party is governed by the law applicable to that security right's formation and effect.

第三人因特定法律關係代債務人清償債務後，得對債務人求償；其求償權依該特定法律關係所適用的法律決定。

If multiple people owe the same debt and some debtors pay the whole debt, the paying debtor has a right to seek reimbursement from the other debtors under the law governing the legal relationship between the debtors.

A claim’s limitation period is determined by the law applicable to the legal relationship from which that claim arises.

債之消滅適用原債權成立及效力所應適用的法律。

Property rights are governed by the law of the place where the property is located; rights in property that are themselves rights are governed by the law of the place where the right was created.

關於物權的法律行為，其方式要依該物權所適用的法律。

The applicable law is the law of the party’s domicile; if the party has multiple domiciles, use the one most closely connected. If the domicile is unknown, use the law of the party’s residence; if there are multiple residences, use the most closely connected residence. If the residence is unknown, use the law of the party’s present location.

A movable item imported from abroad keeps the effect of a property right created before import according to ROC law.

During carriage of movable property, whether property rights are acquired, created, lost, or changed is governed by the law of the place of destination.

This provision says which law applies to intellectual property rights and to employee-created intellectual property.

This provision sets the applicable law for legal relations arising from a bill of lading, and for priority disputes over cargo, based on the law stated in the document or, if none is stated, the law with the closest connection.

如果有價證券由證券集中保管人保管，該證券權利的取得、喪失、處分或變更，先依集中保管契約明示適用的法律；若契約沒有明示，則依關係最切地之法律。

婚約成立與效力，分別依當事人本國法及特定備位連結法判定；婚約方式在特定情況下也可依另一方本國法或訂定地法有效。

Marriage formation is governed by the parties’ respective national laws, and the form of marriage is valid if it follows either party’s national law or the law of the place where the marriage is performed.

婚姻的效力，先適用夫妻共同本國法；沒有共同本國法時，適用共同住所地法；再沒有時，適用與婚姻關係最密切地的法律。

夫妻可以書面合意選擇適用一方的本國法或住所地法。

A married couple’s property regime is governed by foreign law, but for transactions in Taiwan involving their property and a bona fide third party, the effect on that third party is governed by Taiwan law.

If a party’s home law is used and that country’s domestic law varies by region or other factors, apply that country’s choice-of-law rules to decide the applicable law; if those rules are unclear, apply the law most closely connected to the parties.

離婚及其效力，先依夫妻共同本國法；沒有共同本國法時，改依共同住所地法；再沒有時，依與婚姻關係最切之法律。

This provision treats a child as legitimate if, under the relevant national law at birth, the child, the mother, or the mother’s husband is considered legitimate; if the marriage ended before birth, a different national-law test applies.

If the biological parents of a child born out of wedlock marry, the child’s status is governed by the law that applies based on the legal effect of that marriage.

An acknowledgment of a nonmarital child is valid if it is valid under the law of the acknowledger or the acknowledged person at the relevant time.

Adoption formation and termination are governed by the national law of the adopter and adoptee, and the effects of adoption and its termination are governed by the adopter’s national law.

Parents-and-children legal relations are governed by the child’s national law.

Guardianship is generally governed by the ward’s national law, but for a foreign person domiciled or resident in Taiwan, ROC law applies in the listed cases.

Support is determined according to the law of the person entitled to support’s home country.

Inheritance is governed by the deceased person's national law at the time of death. However, a Republic of China national who would be an heir under Republic of China law may inherit property located in the Republic of China.

If a foreigner dies leaving property in the Republic of China and the applicable law under the preceding article makes it property with no heirs, the property is handled under ROC law.

When applying a party’s national law, if that law points the legal relationship to another law, that other law applies. If either the national law or the other law points to Republic of China law, Republic of China law applies.

A will’s formation, validity, and revocation are governed by the testator’s national law at the relevant time.

A will and its revocation may be made under one of several specified laws.

涉外民事如果在本法修正施行前發生，原則上不適用修正施行後的規定；但若法律效果是在修正施行後才發生，該部分法律效果適用修正施行後的規定。

本法在公布日後一年開始施行。

In foreign-related civil matters, if a party tries to evade mandatory or prohibitory rules of Republic of China law, those rules still apply.

When foreign law is applied under this Act, it will not be applied if the result would violate the Republic of China’s public order or good morals.

A person's capacity to hold rights is governed by that person's national law.

Chapter 1: General provisions.

This chapter is titled “Rights Subjects.”

This chapter covers the form of legal acts and agency.

This is a chapter heading for debts.

This chapter is titled “Property Rights.”

Chapter 6 is titled “親屬” (Kinship).

This chapter is titled “Inheritance.”

Chapter heading for the chapter of supplementary provisions.