南京财经大学国际私法期末整理

1.(Please try to explain) How the English courts are very careful to permitservice abroad?2.All the available defenses to enforce foreign judgment in England except asthe foreign court have no jurisdiction.3.The basic of recognition and enforcement of foreign judgments in England?Please try your best to explain the duty of English court and the parties. 4.Explain what the domicile of origin is and how to define the domicile oforigin of the party? P35-36A person’s domicile of origin depends on the domicile o f one of his parents athe time of his birth, not on where he was born, nor on his parent’s residence at that time.(5分)The rules for the ascertainment of the domicile of origin are: (i) a legitimate child takes his father’s domicile, (ii) an illegitimate child and (iii) (possibly)a posthumous child(遗腹子), that is a legitimate child born after his father’s death, both take his mother’s domicile, and (iv) a founding or one whose parents’ domicile is unknown is domiciled in the place where he is found or born. In one situation only, (v) the domicile of an adopted child, the domicile of origin can be changed after child’s birth. By statute, an adopted child becomes thenceforth for all legal purposes the child of his adoptive parents, so he take their domicile as his domicile of origin.（5分）5.Write down Status of rules of foreign law in England . P30In this respect rules of foreign law differ from those of public international law;moreover, the rules of public international law have the status of rules of law in an English court, because it is part of the law of England. Rules of foreign law have the status of facts. But they are unusual facts, because , unlike other facts, they need only be proved to the satisfaction of the judge, not that of the jury.6.How many factors should be taken into account when English court permitto service out of jurisdiction?7.The English court consider for the jurisdiction of foreign court when itrecognizes and enforces the foreign judgment./ How does the English court consider for the jurisdiction of foreign court when it recognizes and enforces the foreign judgment.8.(Please try to describe ) The four possibilities of submission in Englandcivil proceeding?9.(Please introduce ) the conditions which applied for the jurisdiction inactions in Personam in England .10.Staying of English actions.11.Arbitration award12.Please write down the five Latin words in conflict of laws and explain itbriefly.13.What are the main steps need to be adopted by a judge when he is facing acase involved a foreign element ?14.The objected and supported reasons for the lex fori theory incharacterization?15.What is t he duty of the English court if an expert’s evidence iscontradicted or if the experts are disagreed ? P32If the experts disagree(不一致), the court must make up its own mind on the evidence. If the courts of the country have not decided a point, or there are conflicting decisions therein, the court must still decide it. If the point has been decided by a foreign court, the English court must accept the decision unless it is clearly absurd or inconsistent with the rest of the evidence. The expert should, in the case of a question concerning the interpretation of a foreign statute, state and explain the relevant foreign rules of statutory interpretation.16.The defenses to enforcement of foreign judgment.17.The doctrine of obligation of the English court when they recognize and theforeign judgment18.(Please describe) The duty of English court when the foreign system of lawshould be plead and proved. P32If an expert’s evidence is uncontradicted or if the experts are agreed, the judge cannot reject the evidence and form his own opinion from his own researches. But the evidence does not have to be accepted if the witness is obviously unreliable or the evidence is preposterous(荒谬的). If the witness putsa foreign code, decision or textbook in evidence, the court is entitled to look atthe parts he puts in evidence, and where the evidence of experts upon its interpretation conflicts, the court can arrive at its own conclusions. The court must not, however, examine the parts not put in evidence.19.The doctrine of ‘obligation20.The lex fori theory in characterization21.The defenses to enforcement of foreign judgment.22.How does one acquire a domicile of choice in common law? P37A domicile of choice is acquired by a combination of two things, the factum ofactual presence or residence in a country, and the animus(意图), that is, the requisite intention.。