问题 单项选择题

下列冲突规范中属于重叠适用的冲突规范是__________。

A.我国《民法通则》第146条规定:侵权行为的损害赔偿,适用侵权行为地法律。中华人民共和国法律不认为在中华人民共和国领域外发生的行为是侵权行为的,不作为侵权行为处理

B.1982年土耳其《国际私法和国际诉讼程序法》第6条规定:法律行为的方式适用行为完成地的法律,也可以适用调整行为效力的法律

C.1946年《希腊民法典》第11条规定:法律行为的方式如果符合行为内容的法律,或者符合行为地法、或者符合全体当事人的本国法,皆认为有效

D.1978年《奥地利联邦国际私法法规》第8条规定:法律行为的方式,依支配该法律行为本身的同一法律,但符合该法律行为发生地国对方式的要求者亦可

答案

参考答案:A

解析:所谓重叠性冲突规范,是指其系属有两个或两个以上,须同时适用于某种民商事法律关系的冲突规范。本题中BCD三项都是选择适用的冲突规范,只有A项为重叠性冲突规范。

阅读理解

At exactly eleven Sir Percival knocked and entered, with anxiety and worry in every line of his face. This meeting would decide his future life, and he obviously knew it.

“You may wonder, Sir Percival,” said Laura calmly, “if I am going to ask to be released(免除)from my promise to marry you. I am not going to ask this. I respect my father’s wishes too much.”

His face relaxed a little, but one of his feet kept beating the carpet.

“No, if we are going to withdraw(退出)from our planned marriage, it will be because of your wish, not mine. ”

“Mine?” he said in great surprise. “What reason could I have for withdrawing?”

“A reason that is very hard to tell you,” she answered. “There is a change in me.”

His face went so pale that even his lips lost their color. He turned his head to one side.

“What change?” he asked, trying to appear calm.

“When the promise was made two years ago”, she said, “my love did not belong to anyone. Will you forgive me, Sir Percival, if I tell you that it now belongs to another person?”

“I wish you to understand”, Laura continued, “that I will never see this person again, and that if you leave me, you only allow me to remain a single woman for the rest of my life. All I ask is that you forgive me and keep my secret.”

“I will do both those things,” he said. Then he looked at Laura, as if he was waiting to hear more.

“I think I have said enough to give you reason to withdraw from our marriage,” she added quietly.

“No. You have said enough to make it the dearest wish of my life to marry you,” he said.

小题1:How did Percival feel during his meeting with Laura?

A.Angry.

B.Calm.

C.Excited.

D.Nervous.小题2:We can learn from the passage that ______.

A.Laura’s father wished to end her marriage

B.Laura had once promised to marry Percival

C.Percival had been married to Laura for two years

D.Percival asked to be released from the marriage小题3:What do you think is the ending of the story?

A.Laura was married to Percival.

B.Laura was married to another man.

C.Percival was married to another woman.

D.Both Percival and Laura remained single for the rest of their lives.

判断题