Categories of Conflict Rules

Note should be taken of the fact that conflict rules may be expressed unilaterally or bilaterally.In a unilateral rule,the point of contact is of such a specific nature that the only law that can be applied is that of the territorial unit in which the court sits or the law of some foreign territorial unit.For instance,Article 467(2) of the Civil Code of China provides that “[T]he contracts for Chinese-foreign equity joint ventures,for Chinese-foreign contractual joint ventures and for Chinese-foreign cooperative exploration and development of natural resources to be performed within the territory of China are governed by Chinese law.”5 This is a typical unilateral rule which only applies to these three categories of contracts to be performed in China; it does not deal with other categories of contracts to be performed in China or these three categories of contracts to be performed out of China.

Most unilateral rules indicate that the lex fori is the governing law,only in exceptional cases,does a unilateral rule resort to a specific foreign law.6 Generally speaking,the application of unilateral rules is quite limited in modern legislation which principally appears to regulate the matters in specific areas that have fundamental bearing on the social or economic interest of the forum country.(https://www.daowen.com)

A bilateral rule is expressed in general terms covering both local and foreign situations.For example,Article 36 of the Conflicts Act states that “[T]he rights of immovable property shall be bound by the law of the place where it is situated.”7 Therefore,the law of the situs of immovable property is applicable whether it is situated in China or elsewhere.Bilateral conflict rules reflect the equality between local law and foreign law which are commonly used in modern legislation.Sometimes a bilateral conflict rule comprises more than one connecting factor,and laws designated by those connecting factors may be applied either cumulatively or alternatively.

Therefore,bilateral conflict rules can be divided into cumulative rules,as: the formal requirements of an adoption shall be governed by both the law of the habitual residence of the adopter and that of the adoptee;8 or alternative rules,as,the form of a will is valid only if it conforms with any law among the following: the law of the testator’s habitual residence either at the time of his death or at the time the will was made,the testator’s national law either at the time of his death or at the time the will was made,or the law of the place where the testator made the will.9