Exercises
1.Prepare answers to the following questions using paragraph form.
(1) What is nationality? In the context of private international law,why nationality is an important definition?
(2) How does conflict of nationalities arise? From the perspective of comparative law,what are the approaches to solving such conflict?
(3) Summarize the basic content of Chinese Nationality Law,and analyze the reasons why dual citizenship is not permitted under this Law.Given the international and domestic situation in the 21st century,do you think it is wise and necessary to amend this Law to recognize dual citizenship? Why?
(4) What is domicile? What is residence? What is habitual residence?
(5) From the perspective of comparative law,what are the approaches to solving the conflict of domiciles?
(6) Under Chinese law,how is domicile determined?
(7) Under the Conflicts Act of 2010,which connecting factor is established as the decisive one to determine the lex personalis? What is the rationale behind such an arrangement?
(8) Under the the Judicial Interpretation (I),what is the definition of habitual residence?
2.Multiple Choice
(1) Nationality is ( ).
A.a membership in an ethnic group
B.usually granted by domestic law
C.an important definition only in public international law
D.obtained but by birth
(2) Which of the following statements is not true?( )
A.UK recognizes dual citizenship.
B.Chinese Nationality Law combines jus sanguinis and jus soli .(https://www.daowen.com)
C.Under English law,a person may have more than one domicile.
D.Under Chinese law,if a person’s habitual residence is different from his domicile,the former prevails.
(3) Habitual residence ( )
A.is less demanding than domicile.
B.is defined clearly by the Conflicts Act of 2010.
C.refers to a person’s true,fixed,principal and permanent home.
D.has the same meaning as domicile.
(4) Wang,a Chinese national,had been resident in Hangzhou since he graduated from a law school in Beijing in 2002.In October 2010,he went to Hong Kong for business and remained there till April 2012 when he suffered from a heart attack.In order to receive the best medical treatment,Wang had lived in a hospital in Beijing from April 2012 till August 2013.When he assumed health,he went back to his hometown Guangzhou in August 2013.Under the private International law of China,which city is currently Wang’s habitual residence? ( )
A.Hangzhou B.Hong Kong
C.Beijing D.Guangzhou
(5) Zhang,a Chinese national married Jack,an American national.They have lived as one family in California for more than four years till now.In the second year of their marriage,their son Jackson was born.Which of the following statements is true? ( )
A.Jackson has both Chinese and American Nationality.
B.The habitual residence of Zhang is in California.
C.Jackson is impossible to acquire Chinese nationality.
D.Jackson has obtained Chinese nationality automatically as his mother is a Chinese national.
3.Case Analysis
Peter,a California citizen,decided to settle in Tokyo to look for a better job opportunity.He did not thereby acquire a domicile in Japan,though he resided there habitually.One day,he traveled to China where he got involved in a contractual dispute with Zhang,a Chinese citizen.Zhang sued Peter before a Chinese court,alleging the latter breached the contract with him.However,Peter argued that the contract had not been concluded validly because he had not reached the age of majority at the time when the contract was signed.Under the law of his habitual residence,a person attains majority at the age of 20,however,he was only 19 when the alleged contract was signed.
If you were the counsel for Zhang,how would you submit your arguments?