Exercises
1.Prepare answers to the following questions using paragraph form.
(1) Why the proof of foreign law is an important issue for litigations that involve foreign elements?
(2) In the Conflicts Act of 2010,what are the major methods to prove foreign law?
(3) Under the Chinese law and judicial practice,what is the consequence of evading law?
2.Multiple Choice
(1) Foreign law ( ).
A.is law under traditional common law doctrine B.is fact under the American Law
C.is law under the civil law doctrine D.is fact under Chinese law
(2) In a foreign-related contract dispute,the parties chose German law as the applicable law,then the Chinese court which heard the case shall ( )
A.ascertain the content of the relevant German law ex officio.
B.ask the parties to prove the content of the applicable law.
C.reject the action should the applicable law cannot be ascertained.
D.apply Chinese law.
(3) When a Chinese court hears a foreign-related civil dispute,it decides that the applicable law is Japanese law.Which statement is true under Chinese law? ( )(https://www.daowen.com)
A.If Japanese law is the law chosen by the parties,the judge should ascertain the content of the applicable Japanese law ex officio.
B.Japanese law in this context contains the Japanese private international law.
C.If it is unable to prove the content of the Japanese law,the court should apply the law of the PRC.
D.If it is unable to prove the content of the Japanese law,the court should dismiss the petition.
(4) Which of the following statements is true? ( )
A.In order to constitute evasion of law,the parties shall evade law intentionally.
B.Evasion of law is an action punished by the laws of all nations.
C.The parties evade the law by changing the constant connecting factor.
D.Evading mandatory rules of foreign law is invalid under the Chinese law.
3.Case Analysis
Wei Wang (male,aged 21) and Li Zhang (female,aged 19) decided to marry who were both Chinese citizens and domiciliaries.However,their application was refused by the marriage registrar on the ground that the parties failed to satisfy the minimum age requirement provided by Chinese Marriage Act.[2]Soon afterwards,they participated in a tour group to Thailand organized by a travel agency where they went through a local religious ceremony of marriage valid under the domestic law of Thailand.After returning to China,they lived together as spouses.
In the following year,Wei Wang died in a car accident unfortunately,and disputes arose around the succession of Wang’s estate between Li Zhang on one part and Wang’s relatives on the other.Zhang believed that she was entitled to succeed as one of Wang’s hereditary successors; however,the relatives of Wang argued otherwise.They submitted that Zhang and Wang failed to conclude their marriage before the Chinese Marriage Registration Authority because of nonage; therefore,their marriage was not valid,and that Zhang was not Wang’s hereditary successor accordingly.The arguments of the relatives of Wang were upheld by the Court on the ground that Zhang and Wang’s celebration of marriage in Thailand pursuant to the local religious ceremony constituted an evasion of Chinese law,or to be more specific,Article 147 of the GPCL.Hence,the Court held that the alleged marriage was invalid,and Zhang was barred from succeeding.
Do you agree with the decision of the Court? Why?