法学专业国际私法试题（Private international law）

1、法学专业国际私法试题（Private international law）First, fill in the blanks (each subject 1 points, a total of 10 questions, accounting for 10 points)1. The object of adjustment of private international law is international civil relations or foreign civil relations.In 2 and fourteenth Century, Baho Ruth, a famo

2、us jurist in Italy, founded the theory of law, which marked the birth of private international law.3, the legal norms of which countrys law should be applied to foreign civil relations are called conflict norms.4, common law countries regard foreign law as fact, and prove the content of foreign law.

3、5, (national treatment) means that the civil legal status of a country granted to foreigners is not less than the civil legal status granted to its own nationals.6, the conflict of laws of property rights applies to the law of the place of things as applicable law.7, the Paris Convention on the prot

4、ection of industrial property stipulates that a well-known trademark established in a member state does not need to be registered in another member state, and then it can be protected automatically.8, to determine the applicable law of contract (the same theory), the view of the contract as a whole,

5、 only applicable to a law.9, the United Nations Convention on Contracts for the international sale of goods stipulates that the Convention applies to the contract of sale of goods between the parties in different countries (place of business).10, the legal application of international investment con

6、tracts, the international general practice is applicable to accept investment (Dong Daoguo) law.Two, determine the title (V x rally, wrong. Each item has 1 points, a total of 10 questions, accounting for 10 points1, in our country, tort includes the place of tort and tort result, if the inconsistenc

7、y between the two, to choose between the two parties from the. (x)2, our country prohibits active military personnel, diplomatic personnel, public security personnel, state organs confidential personnel, are receiving labor education and prisoners with foreigners married. (V)3, on the estate of the

8、deceased is not movable and immovable heritage in division, regardless of where, at the place of the property law is applicable to the successor, this is the same for inheritance . (x)4 foreigners, litigation rights according to their personal capacity determined is acknowledged by all countries in

9、the world principle. (V)5, China adopts mandatory principal agent system in foreign-related civil litigation. (x)6, the parties agree to choose the jurisdiction court, only to choose the court of first instance, but can not choose the court of second instance. (V)7. The parties have entered into the

10、 arbitration clause in the contract. When a dispute occurs in the performance of the contract, either party may lodge a lawsuit against the court without the restriction of the arbitration clause. (x)8, foreign arbitral awards in China and the implementation of the need to admit that the parties sho

11、uld apply to the debtors domicile or place of property of the grassroots peoples court. (x)9, the adjustment of conflict law to foreign civil relations is a kind of direct adjustment. (x)10, the core task of private international law is to solve the legal application of foreign-related civil relatio

12、ns. (V)Three, single choice questions (1 points per subject, a total of 18 questions, accounting for 18 points)1, the most basic norm in international private law is (B).A. foreigners civil legal status standardB. conflict specificationC. unified entity specificationD. International Code of civil pr

13、ocedure and Arbitration2, comity is the theory established by (D) to recognize the validity of foreign law in its own country.A.Baho Ruth Currie B.C. D. Hu Bo cavers3. The Sino foreign joint venture contract, Sino foreign joint venture contract and Sino foreign cooperative exploration and developmen

14、t natural resources contract in Peoples Republic of China shall be governed by the law of the Peoples Republic of China, which is a (A).A. unilateral conflict specification B. bilateral conflict specificationC. selective conflict specification D. overlapping conflict specification4, the personal law

15、 is mainly to solve the formula (D) aspects of conflict of laws.A. real right B. creditors rightsC. intellectual property D. is related to peoples identity5, Chinas Supreme Peoples Court on the implementation of the general principles of the civil law issues 192nd provisions: foreign-related civil r

16、elations with foreign law applicable law, and the foreign law is a multi domain state, in accordance with the provisions of the foreign law to adjust domestic conflict shall determine the applicable law. If the law of the country fails to apply, the law (D) shall apply.A. place of residence B. behav

17、ior placeD., where C. is located, is the most closely related law to the civil relationship6, a court in a foreign civil case, according to its conflict rules should apply the law and country B B, the conflict rules shall apply a law, a state court eventually apply a law, which constitutes a (A).A.

18、B. induced remissionC. D. for indirect renvoi renvoiThere are two reasons, 7 produced a renvoi, is the law of the country is different, another reason is (B)A. believes that the foreign law should refer to the substantive lawB. understands foreign law as substantive law and conflict of laws in that

19、countryC. tries to expand the scope of application of this LawD. thinks that the foreign law should be applicable to the conflict law8. If the court tries foreign related civil cases, if the applicable law is foreign law, however, the content of the foreign law can not be ascertained by legal means,

20、 the court should (D).A. dismissed the prosecution and ended the trial by B.C. continues to identify the content of foreign law and D. applies to the laws of the Peoples Republic of China9. The parents of the country of origin determined by the principle of origin of birth, the nationality of the co

21、untry established by the principle of descent, gave birth to one child, and the child was born without nationality, which constituted the nationality (B).A. positive conflict B. negative conflictC. conflict of laws D. factual conflict10. The civil capacity of citizens residing in foreign countries,

22、such as their acts in the country of settlement, can be applied (C)A. law of domicile of B. in ChinaC. residence law D. residence law11. The real right relationship of the goods in transit can be adjusted by (A).A. destination law B. court lexC. sellers personal law D. the law of the flag12, (D) mea

23、ns that the parties can negotiate the law applicable to the contract by themselves.A. objective signs say the principle of B.s most significant relationshipC. characteristic performance D. principle of autonomy of will13. Infringement within the ship is generally applicable (C).A. Nationality Law of

24、 the party B. Nationality Law of the injured partyC.The law of the flag, D., the law of the court14, Chinese citizens and foreigners marry in our country, apply (C) law.A. Nationality Law of nationality B Female Nationality LawC. marriage law D. residence law of marriage15, the general provisions of

25、 the 149th article of the civil law: the statutory succession of the estate, the applicable law (B) of movable property.A. the place where the decedents domicile was B. when the decedent diedC. heritage site D. successors home country16. The jurisdiction determined by the nationality of the party is

26、 (A).A. B. personal jurisdiction territorial jurisdictionC. parallel jurisdiction D. exclusive jurisdiction17, China adopted the Arbitration Law of the Peoples Republic of China at the 9 session of the Standing Committee of the eight National Peoples Congress in August 31, 1994, which is an adjustme

27、nt of the arbitration relationship (C)A. conflict law B. substantive lawC. procedure law D. administrative law18, Incoterms 2000 has revised DEQ trade terms. According to the new trade terms, when the DEQ is applied, the import customs clearance procedures are handled by (B).A. buyer B. sellerC. car

28、rier D. agentFour, multiple choice questions (2 points per subject, a total of 6 questions, 12 points)1, the legal characteristics of foreign-related civil relations show (ABD).A. this civil relationship has foreign elementsB. this kind of civil relation is a civil relation in broad senseC. the subj

29、ect of civil relations may be of the same nationalityD. this civil relationship is international2, the basis of identification, in theory and practice, there are various claims, these views include (ABCD).A. is identified by court ground lawIdentification of B. in accordance with applicable lawIdent

30、ification of C. by analytical jurisprudence and comparative jurisprudenceD. uses different grounds to identify different situations3, if the court applies the foreign law, if the court can not determine its content, it can be ascertained by means of (ABC).A. parties provideB. Chinas embassies and co

31、nsulates stationed in foreign countries or foreign countriesC. Chinese and foreign legal experts provideD. foreign government provision4, the law of location of things applies (ABC) property relations.A. determines the scope of the object of real right, and B. determines the category and content of

32、real rightC. determines the distinction between chattel and real estate D. determines the goods in transit5, the determination of the applicable law of the tort liability has the international applicable (ABCD) principle.A. act of tort, B. law of courtThe principle of C. most closely related: D. tor

33、t law and court law overlap6, no successor property nationalized, which is recognized by all countries. In the name of the state, the acquisition of non heir property is mainly (BC) such a difference.A. States, of course, the doctrine of B., the states legal successionC. national preoccupation D. co

34、untries agreed to inheritanceFive, noun explanation (3 points per subject, 2 questions, 6 points)1. Reservation of public orderThe reservation of public order means that the court should apply foreign law according to its conflict rules. If the application of the foreign law will violate the public

35、order of the country, it can refuse the application of foreign law on this grounds.2, most favored nation treatmentMFN refers to the beneficiary state or country favors and determine who or what the salary is not lower than Shi Huiguo third or with the person or thing from the relationship between t

36、reatment.Six, brief questions (6 points per subject, a total of 3 questions, 18 points)1. Briefly describe the concept and characteristics of conflict norms.Conflict norms are the norms that indicate that some foreign civil relations should be governed by the laws of any country. Its main characteri

37、stics are as follows: (1) it only points out that the civil relations should be handled by the laws of any country, but not specifically determine the rights and obligations between the parties. (2) conflict norms can only determine the rights and obligations between the parties only if they are com

38、bined with the substantive law of a country.2. Briefly explain the provisions of Chinas maritime law on ship collision damages.The law of tort shall be applicable to the compensation for damages caused by ship collision. The law of the place where the court accepts the case shall be applicable to th

39、e damage compensation caused by the collision of the ship on the high seas. The same nationality, regardless of where the collision, collision between the damage law of the flag State shall apply for compensation.3. Briefly describe the elements of marriage formality and its application to law.The f

40、orm of marriage refers to the form that marriage must have and the procedure that must be passed. (1) the marriage forms of conflict of laws, applicable: (1) marriage held; (1) (2) the national law; (1) (3) according to the law of marriage held to the principle of Lex as the exception; (1) (4) accor

41、ding to the personal law of the parties the principle of the marriage law held as the exception; (1) (5) the national law or the marriage law held. (1 points)Seven, discussion questions (12 points per subject, a total of 1 questions, accounting for 12 points)On the principles of application of law c

42、oncerning foreign related contracts in china.1) the principle of autonomy of will. The parties may choose the law applicable to the settlement of the contract disputes. The law chosen by the parties shall be made in written form, and shall not violate the provisions of the compulsory law of our coun

43、try. The time for the parties to choose the law is the latest before the court hearing the case. The law that the parties choose must be the substantive law. (4 points)(2) the principle of the most significant relationship. The parties have not entered into the applicable provisions of the contract,

44、 or failed to reach agreement on the application of the law after the dispute, and the law which has the most close relationship with the contract. (2 points)(3) Mandatory Application of the principle of Chinese law. Contracts for Sino foreign joint ventures, Sino foreign cooperation and Sino foreig

45、n cooperation in the exploitation of natural resources in China shall only apply to Chinese laws. (2 points)(4) principles applicable to international treaties. The treaty relating to Peoples Republic of China concluded or acceded to has different provisions with the laws of the Peoples Republic of

46、China, and the provisions of the international treaty shall apply. Except the terms reserved by the peoples Republic of china. (2 points)(5) principles of international practice. If the laws of Peoples Republic of China have not been stipulated, international practice may be applied. (2 points).Eigh

47、t, case questions (14 points per subject, a total of 1 questions, 14 points)The morning of March 6, 2000 10, Russian businessman Eric and a friend from the New Century Ningbo Hotel, to the bus station for high-speed bus ride held in Shanghai to participate in the fair. Because of too much luggage, h

48、e put a foot pedal bag at the copilot position on. The car to the destination, he took out the luggage. Pay the fare, do not want to invoice, leave, put in front of the car bag forgotten in the car.Bag was lost, Eric to Ningbo radio traffic and the local newspaper lost, and promised to return the pr

49、operty to pay gold. In March 8th, he will reward 8888 yuan reward for specific surface. March 8th afternoon, the taxi driver picked up the bag in the Guangxi Lijun companion accompanied by Erics hotel will return. Eric and accepted Eric $880 and 1600 yuan reward.He received the payment of honoraria, purses, entrust Ms. Zhu to Ningbo City Public Management Office complaints. Department of public management after many s