The Application Of Foreign Tort Law In Private International Law

　　 I. General Tortious conduct

(1) the forty-fourth law applicable law of foreign related civil relations: tort liability, applicable to the law of tort, but where the parties have common habitual residence, the law of common habitual residence should be applied. After the infringement occurs, the parties agree to choose the applicable law according to their agreement.

(two) the determination of the place of infringement, the 187th point of "Min Tong opinion": the place of infringement includes the place where the infringing act is carried out and the place where the result of the infringement occurs; if the two are not consistent, the people's court shall choose to apply it.

　　 Two. product liability tort

Foreign civil relations law of application of law Article forty-fifth: the product liability applies to the law of the place where the infringed is habitual. If the infringed chooses to apply the law of the place where the infringer is in the main place of business or where the damage occurs, or if the infringer fails to engage in relevant business activities at the place where the infringed is habitual, the law of the owner's main place of business or the place where the damage occurs shall apply.

　　 Three. Violation of the right to personality

The forty-sixth law of the law applicable to foreign related civil relations shall be applicable to the law of the place where the infringed is habitual by infringing upon the right of personality, such as the right to name, portrait, reputation and privacy, through the Internet or by other means.

　　 Four. Collision of ships

(1) the 273rd law of the Maritime Code: compensation for damages caused by collision of ships, and the law applicable to tort.

The compensation for damages caused by collision on the high seas applies to the law of the court where the case is accepted. A ship of the same nationality applies to the flag state law in respect of the collision between ships, wherever the collision occurs.

(two) Maritime Law 275th: the limitation of liability for maritime claims applies to the law of the court where the case is accepted.

　　 Five, civil aviation law infringement

Civil Aviation Law 189th: civil aircraft damage to the third people on the ground, the law applicable to tort.

The law of the court where the case is accepted shall be applied to the compensation of the damage caused by the civil aircraft to the third people over the high seas.

　　 Six, infringement of intellectual property rights

The fiftieth law of the law applicable to foreign related civil relations: the tort liability of intellectual property rights applies to the law of the requested place of protection, and the parties may also choose to apply the law of the court after the occurrence of the infringement.