PART 3—APPLICATION OF LAW FROM VIEWPOINT OF PLACE
Article 16:
In case of ascertaining legal relations in which the laws are contradictory, provisions of the law of Afghanistan shall be applicable.
Article 17:
In determining the civil status and capacity of persons, the laws of state of which they are citizens shall be applicable; in financial contracts concluded in Afghanistan, in which pertinent effects have come into existence, in case one of the two parties is a foreign citizen, and is of legal incapacity, and the defectiveness of his capacity is dut to minor cause, he shall however be considered as having full capacity.
Article 18:
With respect to foreign legal persons such as companies, associations, institutions, etc., the laws of the state in which their head offices are located shall be applicable. In case major activities of these persons are concentrated in Afghanistan, the law of Afghanistan shall be enforced.
Article 19:
With respect to subjective conditions of the validity of marriage, laws of the state of each spouse are applicable; and as regards conditions pertaining to the form of marriage, the law of the country shall be abided in which the marriage takes place.
Article 20:
(1) With respect to effects of marriage including financial affairs, the laws of the state of which the husband is a citizen at the time of the marriage contract shall be applicable.
(2) With respect to divorce, the laws of the state of which the husband is a citizen at the time of the divorce shall be applicable.
(3) With respect to separation, the law of the state of which the husband is a citizen while filing the suit shall be applicable.
Article 21:
Under circumstances defined in Articles 19 and 20 of this Act, if one of the spouses at the time of the marriage contract is an Afghan citizen, except the condition of capacity, the provisions of the law of Afghanistan shall be applicable only.
Article 22:
With respect to questions such as paternity, guardianship, and other obligations that bind fathers to children, the provisions of the law of the state of which the father is a citizen shall be applicable.
Article 23:
With respect to persons of incapacity, or persons possessing defective capacity, and absent capacity, the laws of the state of which they are citizens shall be applicable.
With respect to appointment of an administrator, executor of a will, legal guardian, etc., the provisions of the laws relating to these subjects and the provisions of other laws promulgated to protect these persons shall be applicable.
Article 24:
With respect to a requirement of alimony, the law of the state of the person who is bound to pay alimony shall be applicable.
Article 25:
(1) With respect to established provisions relating to inheritance, testament, and other actions effective after death, the laws of the state of which the bequeather, the executor of the will, or the person who, while dying, effected the action, shall be applicable.
(2) With respect to provisions relating to the form of a will, provisions of the law governing wills, or provisions of the law of the locality in which the will is completed, shall be applicable.
Similarly, provisions with respect to the actions to be effected after death are subject to this provision.
Article 26:
With respect to rights of possession and ownership, and other objective rights, the law of the locality in which the property is located shall be applicable, and with respect to movable property, the law of the locality in which the right of possession of dispossession is effected shall be applicable.
Article 27:
With respect to obligations arising from contracts, the law of the state in which the parties to the contract reside shall be applicable.
In case they do not reside in the same country, the law of the state in which the contract is completed shall be applicable, provided that the parties to the contract have not agreed to application of a specific law, or evidence does not point to the fact that the parties to the contract did not think of application of another law.
With respect to contracts completed on [about?] immovable (real) property, the law of the locality on movable [property?] is applicable.
Article 28:
With respect to conditions relating to the form of contracts, provisions of the law of the state in which the contract is completed [executed?] shall be applicable.
Article 29:
(1) With respect to a noncontractual obligation, provisions of the law of the state in which the incident creating the obligation has occurred shall be applicable.
(2) If an obligation arising from an incident occurring outside Afghanistan, which is is recognized as unlawful there but is lawful in Afghanistan, the provisions of paragraph (1) of this Article shall not apply.
Article 30:
With respect to specialized regulations and all affairs pertaining to the conduct of duties, provisions of the law of the state in which the suit is filed, or in which the [______?] has taken place, shall be applicable.
Article 31:
Provisions of Article 30 [the foregoing Article of this Part?] are applicable if there are no contravening provisions of a specialized law or an international treaty in force in Afghanistan.
Article 32:
If there is no provision in the foregoing Articles of this Act with respect to contradiction in laws, rules of private international law shall be applicable.
Article 33:
The choice of law to be applied in the case of a stateless person is within the jurisdiction of the court.
Article 34:
In cases in which the application of foreign law is stipulated, those provisions of the law that are not part of private international law shall be applied.
If multiplicity of religion exists in the law of the applicable country, provisions of the religion chosen by the law of the country shall be enforced.
Article 35:
Provisions of foreign law in cases defined in this Part shall be applied to the extent that they are not repugnant to public order or standards of decency in Afghanistan.