Introduction to Literary Chinese - Lesson 25, Text 2
Adapted from the 1927 book by J. Brandt
法律適用條例(續)
RULES FOR THE APPLICATION OF LAWS (continued).
第五章
Chapter V.
關於財產之法律。
Laws relating to things.
第二十二條。關於物權依物之所在地法。但關於船舶之物權依其船籍國之法律。
Article 22. Real rights are governed by the law of the place where the things are situated; provided that real rights relating to ships are governed by the national law of the ship.
物權之得喪。除關於船舶外。依其原因事實完成時。物之所在地法。
The acquisition and extinction of real rights, excepting those relating to ships, are governed by the law of the place where the things are situated at the time of the completion of the causal facts.
關於物權之遺囑方式。得依第二十六條第一項前段之規定。
The form of a will relating to real rights may follow the provision of the first clause of section 1 of Article 26.
第二十三條。法律行爲發生債權者。其成立要件及效力依當事人意思定其應適用之法律。當事人意思不明時。同國籍者。依其本國法。國籍不同者。依行爲地法。
Article 23. The proper law governing the essentials and effect of juridical acts giving rise to obligations is determined by the intention of the parties. When the intention of the parties is uncertain, their national law governs if they are of the same nationality; but the law of the place of transaction governs if they are of different nationalities.
行爲地不同者。以發通知之地爲行爲地。
When there are different places of transaction, the place where communication is made is the place of transaction.
契約要約地與承諾地不同者。其契約之成立及效力。以發要約通知地爲行爲地。若受要約人於承諾時不知其發信地者。以要約人之住所地。視爲行爲地。
When the offer and acceptance of a contract are made in different places, as regards the formation and the effect of the contract, the place where the offer is communicated is the place of transaction; but if the offeree does not know, at the time of acceptance, the place from which the offer was despatched, the domicile of the offeror is regarded as the place of transaction.