问题 单项选择题

中国公民李乙加入意大利国籍后与挪威公民琼斯在西班牙结婚,住所在法国。2003年1月,李乙夫妇在中国定居。2004年5月,李乙夫妇在泰国旅游时遭遇车祸,琼斯当场死亡,李乙成为植物人。李乙的父母称其年纪已大,自身尚需别人照顾,主张由李乙的哥哥李甲作李乙的监护人。李甲称其将出国留学,主张由李乙的弟弟李丙作为李乙的监护人。李丙称自己经济条件太差,不愿做监护人。李乙父母诉诸法院。请问解决本案应适用的法律是( )。

A.中国法

B.法国法或中国法,由法院选择对李乙最有利的法律予以适用

C.西班牙法

D.意大利法或法国法,法院有权选择适用对李乙最有利的法律

答案

参考答案:A

解析:本题涉及涉外监护应适用的法律。参见《民通意见》第190条,监护的设立、变更和终止,适用被监护人的本国法律。但是,被监护人在我国境内有住所的,适用我国的法律。本案中的李乙已定居中国,所以应适用中国法律来确定监护人。

单项选择题

Before the summer of 2000, the 54-year-old John Haughom could accomplish just about anything at work. "I could move mountains if I put my mind to it. " he says of those days. But that summer Haughom found he couldn’t move them any more. On the phone with his wife one morning, Haughom broke down. A couple of days later Haughom checked himself in for a three-week stay at the Professional Renewal Center, an in-patient clinic 30 miles outside Kansas City that helps him deal with stress.

Haughom is far from alone. A host of new studies and plenty of anecdotal evidence show that stress in the workplace is skyrocketing. Whatever the cause, stress levels are at record highs. The statistics are startling. According to a new study by the federal government’s National Institute for Occupational Safety and Health, more than half the working people in the U. S. view job stress as a major problem in their lives. This year the European Community officially dubbed stress the second-biggest occupational-health problem facing the continent.

Ten years ago experts warned that stress was out of control, in part because of a shaky economy. What’s notable about today’s wave of stressed-out workers is that it rises all the way to the top. Lack of control is generally considered one of the biggest job stressors, so it used to be thought that middle managers carried the brunt: sandwiched between the top and the bottom, they end up with little authority. Powerful chief executive officers (CEOs) were seen as the least threatened by stress. But in today’s tough economy, top executives don’t have as much control as they used to. "Stress is just part of the job, fortunately or unfortunately, stress is part of our character building, " Lebenthal says. "But I think I don’t need any more character building. What I need is a vacation. "

But if you think that going on vacation is hard—and studies show that 85% of corporate executives don’t use all the time off they’re entitled to. Being able to handle stress is perhaps the most basic of job expectations. So among the corporate elite, succumbing to it is considered a shameful weakness. Stress has become the last affliction that people won’t dare admit to. Most senior executives who are undergoing treatment for stress-and even many who aren’t—refused to talk on the record about the topic. "Nothing good can come out of having your name in a story like this, " one CEO said through his therapist.

The CEO’s statement in the last sentence of this passage implies that ().

A. stress has become the last taboo that people won’t dare admit to

B. succumbing to stress is considered a shameful weakness

C. corporate elite have no enough courage to admit to stress

D. being able to handle stress is the most basic of job expectations

单项选择题