Article 40Law of Country or Place Where Different Laws Are Applied According to Person's Status
第四十条(人的に法を異にする国又は地の法)
Where a party concerned has nationality in a country where different laws are applied according to a person's status, their national law is the law designated in accordance with the rules of the country (in the absence of the rules, the law with which the party is most closely connected).
当事者が人的に法を異にする国の国籍を有する場合には、その国の規則に従い指定される法(そのような規則がない場合にあっては、当事者に最も密接な関係がある法)を当事者の本国法とする。
The preceding paragraph applies mutatis mutandis to the law of a party's habitual residence that is applicable under Article 25 (including cases where they are applied mutatis mutandis pursuant to Article 26, paragraph (1) and Article 27), Article 26, paragraph (2), item (ii), Article 32 or Article 38, paragraph (2) in cases where different laws are applied according to a person's status in the place of the party's habitual residence, and to the law of the place with which a husband and wife are most closely connected in cases where different laws are applied according to a person's status in the place with which the husband and wife are most closely connected.