Exercises
1.Prepare answers to the following questions using paragraph form.
(1) What is scission system? What is unitary system? What are their respective merits and shortcomings?
(2) Summarize the conflict rules in succession under the Conflicts Act of 2010,and try to make an objective evaluation of them.
2.Multiple Choice
(1) T made a will in Switzerland.At this time,he was a Chinese citizen habitually resident in Italy.At the time of his death,T was a Spanish citizen habitually resident in Sweden.The form of will conforms to the domestic law of China and Sweden,but not to that of Spain or Italy,or Switzerland.Which of the following statement is correct under the Conflicts Act of 2010? ( )
A.The will is formally valid.
B.The will is formally invalid.
C.There is no conflict rule to determine the formal validity of will.(https://www.daowen.com)
D.As the form of will does not conform to the law of Switzerland,it is formally invalid.
(2) Which of the following statements is true? ( )
A.Scission system originated from Roman law.
B.Unitary system obtains endorsement of the laws of many countries,including the United Kingdom,the United States and China.
C.The major advantage of the unitary system,apparently,is its greater simplicity.
D.Scission system is obviously more advantageous than unitary system.
3.Case Analysis
Hu,a permanent resident of the Hong Kong died in Beijing in May 2011,leaving a will of movables situated in Hong Kong,and a house located in Beijing.By the law of China,she was,and by the law of Hong Kong,she was not,then capable of making a will.Was the will valid in Chinese amainland? If yes,why? If not,which law (s) govern (s) the succession of her estate?