14 Which of the followings is the treaty body of the International Covenant on Civil and Political Rights?
(A) United Nations Human Rights Council. (B) Human Rights Committee. (C) Office of the United Nations High Commissioner for Human Rights. (D) United Nations Secretariat.
15 Which of the following descriptions on the legal sources of private international law is NOT correct?
(A) The legal sources of private international law include treaties, international customs, legislation, and precedents. (B) In common law countries, precedents have become the main source of private international law. On the other hand, in civil law countries which adopt statutory law, precedents are not regarded as a source of private international law. (C) In order to resolve conflicts on the rules of private international law among various countries, international conferences have been held to achieve the goal of unifying private international law through international treaties since the 19th century. Therefore, treaties are an important source of private international law. (D) International judicial institutions when they are dealing with private international law cases, if there is no treaty between the two parties and if their private international laws are not applicable, the general principles of private international law, such as the principle of lex rei sitae, and the principle of locus regit actum, are preferred because of their supranational nature.
16 Taiwanese A and American B are a married couple. The two makes a separation agreement due to their
difficult relationships. Before long, B obtains a divorce judgment rendered by the Court of Hawaii and seeks recognition from the Taipei District Court. Which of the followings is NOT a ground to be considered by the court regarding its possible rejection? (A) No mediation is attempted prior to the lawsuit. (B) The content of the judgment violates the public order or boni mores of the R.O.C. (C) The proceedings violate the public order or boni mores of the R.O.C. (D) There exists no mutual recognition between the foreign country and the R.O.C.
18 Which of the following descriptions regarding the application of foreign law is NOT correct?
(A) The contents of the foreign law shall comply with the public order or boni mores of the R.O.C. (B) The foreign law may still be applied except the result of the application of which leads to violation of the public order or boni mores of the R.O.C. (C) Judges possess discretionary power to determine whether the application of the foreign law violates the public order or boni mores of the R.O.C. (D) The term “public order” refers to the practices of the founding spirits and basic national policies of the R.O.C.
19 What does the term “lex rei sitae” mean?
(A) The law of the place where the party is present in person. (B) The law of the place where the party is domiciled. (C) The law of the place where the act is conducted. (D) The law of the place where the immovable property is situated.
20 According to the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements, which
shall apply to the law of the country of the parties’ nationality and if the law of the country is chosen, but the country has sub-national regions, which law shall be applied? (A) The law of the domicile of the party concerned. (B) The most closely connected law of the place of the disputed legal relationship. (C) The law of the capital of the country of the party’s nationality. (D) The rules on choice of law of the country of the party’s nationality.
15 In accordance with the current Act Governing the Choice of Law in Civil Matters Involving Foreign
Elements where the applicable law is the national law of a party, but the national law of the party differs by reference to sub-national region or another factor, which law shall apply? (A) The law of the place in which the party is domiciled shall apply. (B) The law of the place in which the party is domestic domiciled shall apply. (C) The law of the capital of the country of the parties shall apply. (D) The law with which the party is most closely connected shall apply.
17 Party A, having its main establishment in Japan, and Party B, having its main establishment in Korea,
enter into a contract for the sale of Indonesian phoebe wood in Singapore, which contains a provision stating that all disputes relating to the breach of contract and damages compensation shall be governed by the law of Indonesia. Which law shall be applied by the R.O.C. court if a contractual dispute arises between the parties? (A) Japanese law. (B) Korean law. (C) Singaporean law. (D) Indonesian law.
20 Which of the following statements about evasion of the applicable law is NOT correct?
(A) Evasion of the applicable law has three characteristics: continuity, fraud and illegality. (B) The laws of the Republic of China that are being evaded in Article 7 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements are either compulsory or prohibitory provisions. (C) Article 7 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements places limitations on the freedom of parties to change their applicable law. (D) An evasion of the applicable law differs from an evasion of law in both means and ends.
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