问题 单项选择题

公民甲将自己一架在英国登记的飞机,在英国转让给美国公民乙,乙因与中国公民丙存在债务关系,遂将该飞机在美国抵押登记给丙。该飞机在中国北海上空飞行时,坠落一物,将公海海面上航行的中国某轮船砸坏,该船立即驶入日本某港口修理,修好后返回中国,该船船东随后在中国法院起诉要求获得损害赔偿。关于本案,下列说法正确的是:( )

A.该航空器的转让应当适用转让地国法,即英国法

B.该航空器的抵押应当适用抵押登记地国法,即美国法

C.该航空器的侵权在公海上空对第三人造成的侵权,应当适用案件的受理地法,即中国法

D.该航空器的侵权在公海上空对第三人造成的侵权,应当适用侵权行为地法,这里侵权行为地包括侵权行为发生地和侵权结果地,故应当适用日本法

答案

参考答案:C

解析: 依我国《民用航空法》第185条、第186条规定,民用航空器的转让、抵押,应当适用民用航空器国籍登记国法律,故A、B项表述错误。特别注意,A项适用英国法是没有问题的,但并不是因为英国是转让地,而是因为英国是国籍登记国。根据我国《民用航空法》第189条规定,民用航空器对地面第三人的损害赔偿,适用侵权行为地法律,但本案中的损害不是针对地面第三人,而是公海上造成的损害,故D项表述错误。民用航空器在公海上空对水面第三人的损害赔偿,适用受理案件的法院所在地法律,本案中民用航空器在公海上空对水面第三人的损害赔偿,案件在中国法院受理,所以应当适用受理案件的法院所在地法律,即中国法,故C项表述正确。

改错题
阅读理解

阅读理解。

     Joanne was stuck in a traffic jam in central Birmingham at 5:30, and at 6:30 she was expected to be

chairing a meeting of the tennis club. At last, the traffic was moving. She swung quickly racing to her

house. As she opened the door, she nearly tripped over Sheba.

     "Hey, Sheba" she said, "I've got no time for you now, but I'll take you out as soon as I get back from

tennis club." Then she noticed Sheba seemed to be coughing or choking. Obviously, she could hardly

breathe. Immediately Joanne realized she would have to take her to the vet (兽医). When she got there,

the vet was just about to close for the day. Seeing the state of Sheba, Dr. Sterne brought her quickly into

his office.

     "Listen, doctor, I'm really in a rush to get to a meeting. Can I leave her with you, and go and get changed?

I'll be back in ten minutes to pick her up, and then I'll take her on to the meeting with me. Is that OK?"

     "Sure." said the doctor.

     Joanne made the quick trip back to her house in a couple of minutes. As she was once more entering

the hallway, the phone by the door began to ring.

     "This is Dr. Sterne," said an anxious voice. "I want you to get out of that house immediately," said the

doctor's voice. "I'm coming round soon, and the police will be there any time now. Wait outside!"

     At that moment, a police car screeched to a stop outside the house. Two policemen got out and ran into

the house. Joanne was by now completely confused and very frightened. Then the doctor arrived.

     "Where's Sheba? Is she OK?" shouted Joanne.

     "She's fine, Joanne. I took out the thing which was choking her, and she's OK now."

     Just then, the two policemen reappeared from the house, half-carrying a white-faced man, who could

hardly walk. There was blood all over him.

     "My God," said Joanne, "how did he get in there? And how did you know he was there?"

     "I think he must be a burglar," said the doctor. "I knew he was there because when I finally removed

what was stuck in Sheba's throat: it turned out to be three human fingers."

1. What was Joanne supposed to do at 6:30? [ ]

A. To walk her dog.

B. To see her doctor.

C. To attend a club meeting.

D. To play tennis with her friends.

2. Joanne wanted to get back to her home again _____.[ ]

A. to phone the police station

B. to dress up for the meeting

C. to catch the badly hurt burglar

D. to wait for her dog to be cured

3. From the passage, we can infer that _____. [ ]

A. Sheba fought against the burglar

B. the police found the burglar had broken in

C. Joanne had planned to take her dog to the meeting

D. the doctor performed a difficult operation on the dog

4. In this passage, the writer intends to tell us that the dog is _____.[ ]

A. clever

B. friendly

C. frightening

D. devoted