Exercises
1.Prepare answers to the following questions using paragraph form.
(1) What is renvoi? In the context of private international law,what are the major categories of renvoi?
(2) Under the modern doctrine of private international law,what is the prevalent attitude towards renvoi? Why?
(3) Under the Conflicts Act of 2010,is renvoi permitted? How do you evaluate such a provision?
(4) What is an incidental question in private international law?
(5) Under the Interpretation (I),which law should govern an incidental problem,and why?
2.Multiple Choice
(1) A,a citizen of Country X,married B,a national of Country Y.In 2008,they moved to Country Z where A died.C,the daughter of A and his ex-wife filed an action before a court in Z,claiming to inherit all the property of A in Z on the ground that the marriage between A and B was not valid.As to the validity of the marriage,the choice-of-law rule of Z referred to the law of Y which in turn referred to the law of X; therefore,the judge of Z applied the law of X to determine the merits of the dispute.The application of law in this manner is ( )
A.remission B.transmission C.single renvoi D.double renvoi
(2) Which of the following statements is not true? ( )
A.Under the modern doctrine of private international law,renvoi is permitted in the obligations.(https://www.daowen.com)
B.Renvoi may date back to the 17th century when some French local courts began to employ such technique.
C.Renvoi is partially accepted under the modern doctrine of private international law.
D.Under Chinese law,if a person’s habitual residence is different from his domicile,the former prevails.
(3) Which of the following statements is correct? ( )
A.In EU private international law,renvoi is applied in contracts.
B.In Neilson v.Overseas Projects Corporation of Victoria Ltd.,renvoi was excluded ultimately.
C.In the United States,most courts invoke renvoi when they deal with choice-of-law issues.
D.The Conflicts Act of China excludes renvoi completely.
3.Case Analysis
A case arises in the law of tort in which it was important to determine the appropriate choice of law rule in respect of the tort but the facts also indicated that the victim was working under a contract which contained an exemption clause.Manifestly,questions would arise as to the validity of such a contract and the court would have to determine whether the foreign law that governed the contractual questions was the same as that which applied to the tort.
In this case,what is the main question? What is the incidental question? Under the Chinese law,how does a judge determine the law applicable to them respectively?