Exercises
1.Prepare answers to the following questions using paragraph form.
(1) What is a legal person and how is its nationality determined under the Chinese law?
(2) What is “the theory of control” to determine the nationality of a legal person? Please evaluate this theory in detail.
(3) What is a multinational corporation? How is the nationality of a multinational corporation determined?
(4) What are the three major approaches to determining the domicile of a legal person?
(5) What is recognition of foreign legal persons? How are laws applied in the process of recognizing a foreign legal person?
2.Multiple Choice
(1) Legal persons ( )
A.have legal names and have rights,protections,privileges,responsibilities,and liabilities under law,just as natural persons do in many areas.
B.have all rights that natural persons have.
C.existed as early as natural persons.
D.are the subjects of private international law only in exceptional cases.
(2) Mr.G.J Coles started a retail business in Sydney in the 1850s.His business expanded rapidly.He died,but Coles Ltd is still operating as a public company in Australia today.This is an example of ( ).(https://www.daowen.com)
A.lifting the corporate veil B.perpetual succession
C.unlimited liability D.none of the above
(3) Which of the following statements is not true? ( )
A.There is no uniform approach to determining the nationality of legal persons.
B.China adopted “the Theory of Control” in the 1950s.
C.As multinational corporations are supranational,they have no nationalities.
D.German law chooses the center of management of a legal person to determine its domicile.
(4) Recognizing a foreign corporation ( )
A.is to transform it into a domestic corporation.
B.usually involves the application of two laws.
C.is not a necessary for it to carry out activities in the forum state.
D.is usually conducted by the courts in the forum state.