Exercises
1.Prepare answers to the following questions using paragraph form.
(1) What is civil rights capacity? What is civil conduct capacity? What are the reasons for conflict of those capacities?
(2) What is the widely accepted approach to solving the conflict of civil conduct capacities?
(3) Prior to the Conflicts Act of 2010,were there any conflict rules dealing with civil conduct capacity in China? What were they? How do you evaluate them?
(4) Under the Conflicts Act of 2010,what is the law applicable to civil rights capacity and civil conduct capacity of natural persons?
(5) Under the Conflicts Act of 2010,what is the law applicable to civil capacities of legal persons?
2.Multiple Choice
(1) Tom,a nineteen-year-old citizen of Country X bought an ancient Chinese painting at the price of 10,000 yuan (RMB).Later,he asked the contract of sale rescinded relying on his lack of capacity under the law of X,as was still a minor under that law.If the dispute arose and was submitted to a Chinese People’s Court,which of the following statements is true? ( )
A.Tom was entitled to the rescission of the contract.
B.The United Nations Convention on Contracts for the International Sale of Goods (CISG) was applicable to the dispute.
C.The contract had been validly concluded.
D.Whether the contract could be rescinded is depending on the law of X.
(2) Which of the following statements is not correct? ( )
A.Generally speaking,every person is entitled to civil rights capacity from birth till death.(https://www.daowen.com)
B.Under the laws of some states,birth is not the sole requirement to acquire civil rights capacity.
C.If persons killed in a common disaster,they are presumed to have died simultaneously under the law of all states.
D.Unborn child has no rights at all.
(3) Civil Conduct Capacity is ( )
A.the faculty of a person to produce legal effects by his own act.
B.acquired at the birth of a natural person.
C.determined by the lex personalis without exception.
D.acquired once a person reaches majority.
(4) Legal persons ( )
A.have civil rights capacity only.
B.have civil conduct capacity.
C.have both civil rights capacity and civil conduct capacity.
D.do not need to obtain recognition from the authorities of the forum country,if they want to carry out business in that country.