Private international law is an independent legal department, which takes foreign-related civil relations as the adjustment object, takes solving legal conflicts as the central task, and takes conflict norms as the most basic norms, including norms for adjusting foreigners' civil legal status, unified substantive norms for avoiding or eliminating legal conflicts, and norms for international civil litigation and arbitration procedures.
The object of adjustment of private international law is international civil relations, which can be called foreign-related civil legal relations. As the object of adjustment of private international law, foreign-related civil legal relations have the following characteristics: foreign-related factors. Specifically, there are external factors in the subject, object and content of the relationship; It is a broad civil and commercial relationship; There will be conflicts in foreign-related civil relations.
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People from all countries have frequent exchanges, and some civil legal relations contain foreign-related factors, or one or both parties to the lawsuit are foreigners, or the property involved in the lawsuit is in a foreign country, or the litigation act or fact takes place abroad. Civil laws in different countries are different from each other, such as the legal age of marriage, the share of heirs' inheritance and distribution, and the legal liability for breach of contract.
To a certain extent, it is necessary and possible to apply foreign laws to foreign-related civil legal relations. For example, China has signed treaties with many foreign countries, giving each other the right to register trademarks and protect them. In the implementation of such treaties, sometimes the question of whether a legal person is a legal person of the other country arises, that is, the nationality of a legal person.
On this issue, the laws of different countries are inconsistent. Countries in continental Europe mainly adopt management centralism, taking the social residence of legal person, that is, the country where the main office is located, as their own country.
According to the laws of common law countries, the country where a legal person is established is its own country. In other words, if a legal person is established according to the laws of that country, it has the nationality of that country. In order to decide whether a foreign legal person has the nationality of that country, China's trademark registration authority can only apply the laws of that foreign country.