Exercises
1.Prepare answers to the following questions using paragraph form.
(1) What is property? What are the two basic types of property?
(2) What is mobilia personam sequuntur? Why was it replaced by the lex situs?
(3) Under the Conflicts Act of 2010,which law should govern the distinction between the movables and immovables,why?
(4) Summarize the conflict rules for movables under the Conflicts Act of 2010,and try to make an objective evaluation of them.
(5) Under the Chinese scholarship,what are securities? How do you evaluate Article 39 of the Conflicts Act?
(6) What are pledges over rights? Under the Conflicts Act of 2010,which law should govern the pledges over rights?
2.Multiple Choice.
(1) X,who was domiciled and resident in France,brought proceedings to obtain possession of a house in Beijing.Which of the following statements is not true? ( )
A.The Chinese court had jurisdiction,irrespective of the nationality of X.
B.The Chinese court shall apply Chinese law,irrespective of the nationality of X.
C.If only the house was located in Beijing,Chinese law shall apply.
D.If X was a Frenchman,the court shall select one law between Chinese law and French law.(https://www.daowen.com)
(2) The lex situs does not ( ).
A.decide the specific range of real rights as the objects of ius in rem
B.govern property ownership over vessels and aircraft
C.cover the protection of ius in rem
D.govern the types and the content of ius in rem
(3) Which of the following statements is not correct? ( )
A.The Conflicts Act of 2010 introduces party autonomy to movables.
B.The Conflicts Act of 2010 introduces party autonomy to res in transitu.
C.Before the enactment of the Conflicts Act,the existing Chinese legislation contained but one article dealing with the law governing the “ownership” of “immovables.”
D.The Conflicts Act of 2010 introduces party autonomy to immovables.
3.Case Analysis.
A is both a Chinese citizen and domiciliary.His watch was stolen in Beijing and sold to C in an overt market in London.Under the English law,C acquired a good title against A; however,a sale of the stolen object in an overt market did not give a good title according to the Chinese law.In this case,if A filed an action to recover his watch,which law shall apply? Why?