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China Mulls Law on Foreign-related Civil Conflicts

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Chinese nationals married to foreigners will have to settle any marital conflicts according to the law of the country where they live most of the time under proposals that went before Chinese lawmakers Monday.

The law of their main country of residence would be applied to all disputes involving divorce or inheritance, according to a draft law on the application of laws to civil relationships involving foreign interests.

The draft was on Monday submitted to the Standing Committee of the National People's Congress, China's top legislature, during its bimonthly session for a second reading.

Laws in the region where the deceased lived most often would be applied to inheritance issues, except when the legacy involved fixed property, in which case the laws of the property location should be applied, said the document.

Courts in China receive more than 10,000 foreign-related civil and commercial cases every year.

If passed, the law would allow workers or employers to seek redress under the law of the land where the worked in labor conflicts. In cases where a fixed work place was difficult to identify, laws in the region where the employers were based should be applied.

For procurement contracts, laws in the country where buyers resided should be applied, said the draft.

The session is scheduled to run from Aug. 23 to Aug. 28.

(Xinhua News Agency August 24, 2010)

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