-
Course code: 00249
1. Multiple choice questions (Choose a correct answer from the four alternative answers to each question and fill in the serial number of the correct answer in brackets. 65438+ 0 point for each small question, 30 points in total)
1. China mainly adopts () in the domestic legislation of conflict laws.
A. scattered conflict norms in relevant chapters of the civil code
B. Developing a single conflicting code
C in civil law or other codes, the conflict of laws norms are systematically stipulated in special books or chapters.
D. Mainly based on jurisprudence and doctrine
2. Now, in India, Turkey, Syria and other countries, the parties often apply different marriage laws because of different religions, which may lead to legal conflicts. This conflict of laws is called ().
A.b. Inter-temporal conflict of laws
C.d. International conflicts of laws
3. 1978 The Hague Convention on the Law Applicable to Agency has a wide scope of application. Among the following items, the only one that does not apply is ()
A. Anonymous agent B. Commercial agent
C. Non-commercial agent D. Trust agent
4. The civil legal status of foreigners in China is generally through ().
A.b. Indirect provisions of bilateral conflict norms
C.d. Direct provisions in domestic legislation or international treaties
5. Since the birth of the Italian legal distinction theory, it was () that took the domestic law of the parties as the personal law at the earliest.
A. Bavarian Code A. 1756 B. Prussian Code B. 1794.
C. 1804 French civil code D. 1900 german civil code
6. The scholar who advocates replacing the traditional method of "jurisdiction selection" with "rule selection" or "result selection" is ()
A. Cook B. Reese C. Allen. Zweig Kevers
7. 1928 At the 6th Pan-American Conference held in Havana, the famous () was adopted.
A. Bustamante code
B. convention on the settlement of conflicts between domestic law and household registration law
C. convention on uniform law on cheques
D. convention on conflict of marriage laws
8. It is considered that one of the most famous cases that adopted the theory of "tort law itself" put forward by British scholar Morris is ()
A. Beaufort case
C.Truft case D. Babeco v. Jackson case
9. Suppose that both country A and country B are members of the United Nations Convention on Contracts for the International Sale of Goods, but country C has not acceded to it. If the parties to a contract do not choose the applicable law, the China court shall apply the law of the country most closely related to the contract to the following disputes ().
A. the contract signed between China company and country A company.
C contracts between companies in China and country C contracts between companies in country D and company in country B.
10. Suppose China Company A contracted a bridge construction project in Japan, but the contractor didn't choose the law, and then there was a dispute between Party A and Party B, and the China court accepted the case, and () should be applied to this case.
A. China law B. Japanese law
C.d. international treaties
1 1. In the application field of contract law, the earliest flexible and open connection point is ().
A.b. Place of performance of the contract
C. Principle of autonomy of will D. Principle of closest connection
12. The right to choose the applicable law of international freight insurance contracts is always in ().
A. Insurer B. Insured
C. Courts that receive cases
13. In China, () should be applied to judge whether an inheritance belongs to foreign-related unowned property.
A. the law of the place where the property is located B. the personal law of the parties
C. Applicable law of inheritance law
14. Suppose someone has the nationality of country A, owns some movable property in country C, has lived in country B for three years and died intestate, and there is a dispute between the heir of country A and the heir of country D, and the case is accepted by the court of country A. If the above four countries are all parties to 1988 Convention on the Law Applicable to the Succession of the Dead, then according to this Convention, the court of country A should apply it in principle.
A. Bachelor of Laws Doctor of Laws Doctor of Laws Doctor of Laws Doctor of Laws
15. The international convention that stipulates the "international certificate" system unfamiliar to the civil law system is ().
A.b. convention on international management of heritage
C. convention on the law applicable to the succession of the deceased D. Hague convention on the marital property system
16. Article 145 of China's General Principles of Civil Law stipulates that "the parties to a foreign-related contract may choose the applicable law for handling contract disputes. If the parties to a foreign-related contract have no choice, the laws of the country most closely related to the contract shall apply. " This is a ()
A. optional conflict specification without demand B. optional conflict specification with demand
C.d. unilateral conflict norms
17. 197 1 The reporter of the second restatement of conflict of laws in the United States is ().
A. Bill Curry Storey Rees
18. The Paris Convention for the Protection of Industrial Property stipulates that the time limit for applicants of inventions, utility models, designs and trademarks to enjoy priority is ().
Invention and utility model 12 months, design and trademark 6 months.
B 6 months for invention and utility model, and 12 months for design and trademark.
C inventions and utility models 12 months, designs and trademarks 12 months.
D 6 months for invention and utility model, and 6 months for design and trademark.
19. Regarding the principles and contents of the universal copyright convention and Berne Conventions, the following statement is true ().
A The former applies the principle of double national treatment, while the latter does not.
B the former applies the principle of automatic protection with requirements, while the latter does not.
The former applies the principle of copyright independence, while the latter does not.
D the former protects the author's spiritual rights, while the latter does not.
20. Regarding the application of law within the scope of bankrupt consortia, it is generally believed that () should be applied.
A.b. forum law
C.d. the principle of party autonomy
2 1. According to the provisions of the General Principles of Civil Law of People's Republic of China (PRC) and the Opinions of the Supreme People's Court on Implementing the General Principles of Civil Law, when there is a negative nationality conflict, the connection point to determine the legal application of the capacity of the parties is ().
A. it is usually the place of residence. If not settled, the place of residence shall prevail.
B it is generally its domicile, but it can also be applied to its domicile.
C. Last nationality
D. residence
22. Suppose A is a national and has his habitual residence in country B, company B is a legal person in country C, its main place of business is in country A, and its distribution mall is in country D .. A bought company B's color TV at the mall in country D and brought it back to country A for use, and then the color TV exploded. If the above four countries are all members of the Convention on the Application of Law of Product Liability, according to the Convention, the applicable law in this case should be ().
A. Bachelor of Laws Doctor of Laws Doctor of Laws Doctor of Laws Doctor of Laws
23. The identification of movable property and immovable property should generally apply to ().
A.b. forum law
C.d. personal law of the parties
24. In the history of private international law, the earliest basis for judging the closest relationship between contracts is ().
A. British scholars B. American scholars
C. Swiss scholar D. French scholar
25. As far as the MFN system is concerned, () is generally adopted by all countries at present.
A. unsolicited most-favoured-nation treatment
B. Most-favored-nation treatment on demand
C. Most-favored-nation treatment with requirements is dominant, supplemented by most-favored-nation treatment without requirements.
D. Most-favored-nation treatment is given priority to in no demand, supplemented by most-favored-nation treatment in demand.
26. The Convention on the Application and Recognition of Trust Law stipulates that the applicable law of foreign-related trusts shall be applied first ().
A. the law chosen by the parties independently B. the law of the country with the closest connection with the trust
C. Law of the trust management country D. Law of the country where the trust property is located
27. France stipulates that the legal inheritance of real estate depends on the law of the place where the real estate is located, while Germany stipulates that it depends on the national law of the deceased. Both countries believe that their designated laws also include conflict of laws. Now, for example, a German citizen died in France and left a property in France, so there was a dispute over the legal inheritance of the property, and the result was ().
A. prosecution in France will lead to recrimination.
B. prosecution in Germany will lead to recrimination.
C. prosecution in either of these two countries will lead to renvoi.
D. there will be no renvoi in any country.
28. In the conflict specification of "the law of the place where the tort occurs shall apply to the compensation for tort damages", the law of the place where the tort occurs is ().
A. Scope B. Designated reason C. Applicable law D. Contact person
29. Arbitration law mainly refers to ()
A. Laws regulating arbitration procedures
B. law governing the issue of arbitration entity
C. laws regulating substantive and procedural issues of arbitration
D. Laws regulating the qualifications of parties to arbitration agreements
30. Suppose A was born with the nationality of both country A and country B, but also has the nationality of country C and country D, and has a domicile in country D. Now A is involved in a lawsuit in a court in China. According to the regulations of our country, the domestic law of A should be ().
A. Bachelor of Laws Doctor of Laws Doctor of Laws Doctor of Laws Doctor of Laws
Second, multiple-choice questions (in the five alternative answers of each small question, choose two to five correct answers, and fill in the serial number of the correct answer in brackets. Multiple choices, fewer choices, and wrong choices are not scored. 2 points for each small question, total 10)
3 1. According to China's arbitration law, the following matters that cannot be submitted for arbitration are ().
A. Marriage B. Adoption
C. Transfer of intellectual property rights D. Custody
E. Legacy
32. The immunity of the state and its property includes ()
A. Immunity from jurisdiction B. Immunity from legal process
C. Functional immunity D. Immunity from execution
E. absolute immunity
33. The object of protection of industrial property rights stipulated in the Paris Convention is ().
A. utility model B. service mark
C. Name of origin D. Stop unfair competition
E. trademarks
34. The main risks of international marine cargo insurance are ()
A. FPA and wpa insurance
C. burglary insurance D. All Risks
E. Hook damage insurance
35. In our country, the applicable law for the parties to a contract to choose to handle contract disputes must be ().
A. choice B. express choice when concluding a contract
C. Choice of substantive law D. Choice before trial
E. choose the law that has substantial connection with the contract
Three, short answer questions (6 points for each small question, a total of 24 points)
36. Briefly describe two important reservations made by China when it acceded to the 1958 new york Convention.
37. Briefly describe several different systems applicable to the law of husband and wife's personal relationship.
38. Briefly describe four procedures for authorizing foreign legal persons to operate in China.
39. Briefly describe the main features of the unification movement of private international law.
Four, essay questions (12 points)
40. Try to explain the relevant provisions of the fourth part of China's Civil Procedure Law on special regional jurisdiction and agreed jurisdiction in foreign-related civil litigation.
Five, case analysis questions (65438+ 02 points per small question, a total of 24 points)
4 1. Case:
1994, Company D of China signed a contract with Company D of the United States to purchase goods from the latter. Later, due to the inability of the United States to perform the contract, with the consent of Company D, the rights and obligations of the contract seller were transferred to Company G of Switzerland. Company G telegraphed many times at 1995: "The goods are ready for shipment at the loading port" and "the loading date is1March 3, 9951". A letter of credit was opened in favor of the company, and the payment was finally withdrawn. Shortly after the arrival of the goods, Company D filed a lawsuit with the Intermediate People's Court of S City, China with 1996, demanding the refund of the purchase price and compensation for the bank's interest, operating losses and other expenses. The Intermediate People's Court of S City accepted the case, and after trial, the judgment made basically satisfied the request of the plaintiff Ding Company. Swiss company G refused to accept the judgment of first instance and appealed to the Higher People's Court of S City. The main reason is that there is an arbitration clause in the purchase contract signed by both parties, and China has joined the 1958 new york Convention, so the court of first instance has no jurisdiction.
Q: (1) If you are the agent entrusted by China Ding Company, how would you express your agency opinion?
(2) If you are an agent entrusted by Swiss company G, how would you express your agency opinion?
42.A man and B woman are both nationals of country A. After getting married in country A, they bought a batch of real estate and land in country B.. Twenty years after A's death, B, whose household registration moved to country B, filed a lawsuit in country B according to the laws of country A, with the threshold of obtaining half of A's estate in country B and a quarter of the usufructuary right of the deceased's property as the wife of the deceased. The court of country B accepted the case.
According to the provisions of the conflict law of country B, if the case is considered to be a property relationship between husband and wife, the domicile law of the parties at the time of marriage should be applied. If this case is considered to be a question of husband and wife's inheritance rights, the law of the place where the real estate is located should be applied to the real estate. Although both country A and country B, the laws of the domicile of the parties at the time of marriage, admit that country B can get half of the deceased's estate regardless of the above determination, she can't enjoy the usufructuary right of the remaining real estate according to the laws of country B, but according to the laws of country A, she can. Finally, the court of country B defined it as the property relationship between husband and wife, and the law of country A, the place of domicile at the time of marriage, was applied, which met Party B's requirement for a quarter of the usufructuary right of the remaining land.
I would like to ask: (1) What theory is the court of country B based on in this case? Is there a good reason?
(2) Can the court of country B make a qualitative analysis here according to the theory of applicable law? Why?
Test papers and answers can be found on it.
I searched for it for over an hour before I found it.