问题 单项选择题

法律关系:是指法律在调整人们在行为过程中所形成的一种特殊的社会关系,即法律上的权利义务关系。它由法律关系主体、法律关系内容和法律关系客体三要素构成。 根据上述定义,下面对法律关系的叙述,不正确的一项是( )。

A.法律关系是根据法律规范建立的一种合法关系

B.法律关系是体现意志性的特殊社会关系

C.法律关系是社会生活中存在的事实关系

D.法律关系是特定法律主体之间的权利义务关系

答案

参考答案:C

解析: 法律关系指的是法律上的权利义务关系,而不是事实关系。

选择题
填空题



The Commission is expected to propose allowing people to choose which legal jurisdiction they would come under, based on their (1) or their residency. But the proposal is set to (2) because of the very different laws on divorce that apply across the EU. The Commission wants to (3) problems over which law to apply when, for example, a married couple from one member state is (4) in another member state or when the couple is of different EU nationalities.
The (5) of member states are said to be (6) the idea and responded positively to a (6) which followed the (8) of a Commission Green Paper. With 15 percent of German divorces each year involving couples of different nationalities, the government of Berlin (9) see resolved the issue of which laws should apply.
But some member states are expected to resist the (10) which would involve allowing different divorce laws to be applied in their countries. For example, in Ireland where the divorce law states a couple must have been separated for four years, establish that their marriage has broken down and be offered (11) , a couple from Sweden could apply to an Irish court to allow them to divorce under Swedish law, where divorce can be (12) quickly.
The Irish government’s (13) to the Commission on the Green Paper stated: "Ireland is not in favor of allowing (14) to choose the applicable law, as this could be open to abuse.., such abuse would be likely to (15) most on divorce regimes, such as that of Ireland, which require a relatively long separation period." Ireland, like the UK, however, is allowed to choose whether to "opt-in" to such a proposal under rules agreed in the Amsterdam treaty. Malta has no such (16) but could (17) the proposal in the Council of Ministers since (18) approval will be required.
"It is going to lead to (19) ," said Geoffrey Shannon, Irish expert on the Commission on European Family Law, which examines the (20) of EU family law.
The proposal would also mean that judges would have to be trained in the divorce law of all 25 member states.