Q&As Re Foreign-related Inheritance in Mainland China (V).
Edited Time: November 7, 2022Edited by: adminCategory: Publications
Question 5: In what circumstances shall foreign laws be excluded?
Answer: Generally speaking, there are 2 special situations under which foreign laws shall be excluded.
First, if there are mandatory provisions on foreign-related civil relations in the laws of Mainland China, these provisions instead of foreign laws shall apply. For example, the marriage between relatives by blood up to a certain degree of kinship is prohibited in Mainland China. Although this kind of marriage maybe considered as valid under foreign laws, it is held invalid in Mainland China.
Second, if the application of foreign laws shall infringe on the public interests of the society of Mainland China, the laws of Mainland China instead of foreign laws shall apply.