Exercises
1.Prepare answers to the following questions using paragraph form.
(1) What is family law? Compared with other fields,what are the features of family law from the perspective of comparative law?
(2) Under the Chinese law,what are the conflict rules for marriage and divorce?
(3) What is the principle of protecting the interests of the weaker party in private international law? Summarize its reflection in Chinese private international law in the field of family law.
(4) Summarize and comment on Articles 21-24 of the Conflicts Act of 2010,and try to make an objective evaluation of them.
2.Multiple Choice
(1) When a People’s Court deals with a foreign-related divorce petition,it usually has to determine whether there has existed a valid marriage between the parties,which law shall govern the validity of the marriage under the Chinese law? ( )
A.the lex loci celebrationis B.the lex fori
C.the personal law of the parties D.the national law of the parties
(2) Under the Conflicts Act of 2010,marriage ( )
A.is formally valid if only it complies with the lex loci celebrationis and the national law both parties.(https://www.daowen.com)
B.is valid,if its form complies with the law chosen by the parties.
C.is valid as long as its form complies with the lex loci celebrationis,or the national law or the law of the habitual residence of either party.
D.is not valid even if its form complies with the lex loci celebrationis,or the national law or the law of the habitual residence of either party.
(3) Which of the following statements is true? ( )
A.The rule which lumps the formal requirements and substantive requirements of marriage is commonly accepted by most countries nowadays.
B.Chinese law does not permit parallel divorce proceedings,as indicated by Fu.v.Wang.
C.The Conflicts Act of 2010 contains no rule for divorce.
D.The principle of protecting the interests of the weaker party has been incorporated by certain articles of the Conflicts Act of 2010.
3.Case Analysis
W,a domiciled Chinese woman,married H,a German,who was domiciled in Frankfurt.While both parties are in China temporarily,W petitioned the Chinese court for nullity on the ground of mistake as to H’s personal qualities,i.e.,his masculine indolence and unbearable selfishness.By German law (but not by Chinese law) a marriage is voidable on this ground.Shall the Chinese court pronounce a decree? Why?