问题 单项选择题

顾某于1944年与郝某结婚,生下女儿顾丽,后郝某因病去世,顾某只身前往美国并加入美国国籍。1960年顾某在美国又与朱某结婚并生下一儿一女顾军和顾文。顾某晚年定居于旧金山并于1995年在美国旧金山去世,死前未立任何遗嘱。其留下的遗产主要有位于美国德克萨斯州的别墅两套、美元存款10万元以及1990年回国时在广州市区购置的小洋楼一座。顾丽、顾军、顾文及朱某四人均想继承顾某的遗产。现假定顾丽在广州法院起诉要求继承顾某的遗产,请问:对于顾某的遗产继承,应如何适用法律

A.所有遗产都统一适用中国法律

B.所有遗产都统一适用美国法律

C.位于广州市的遗产应适用中国法律,位于德克萨斯的遗产应适用德克萨斯州的法律,10万美元存款适用旧金山市的法律

D.位于广州的遗产适用中国法律,位于美国的遗产均适用旧金山市的法律

答案

参考答案:C

解析:本题考查涉外继承。   我国《民法通则》第149条规定:“遗产的法定继承,不动产适用不动产所在地的法律,动产适用被继承人死亡时住所地法”。本案中,顾某位于广州及德克萨斯的房产均属不动产,应分别适用该两地的法律,而10万美元银行存款属于动产,应适用顾某死亡时住所地法即旧金山市的法律。

单项选择题
单项选择题

If the opinion polls are to be believed, most Americans are coming to trust their government more than they used to. The habit has not yet spread widely among American Indians, who suspect an organization which has so often patronized them, lied to them and defrauded them. But the Indians may soon win a victory in a legal battle that epitomizes those abuses.

Elouise Cobell, a banker who also happens to be a member of the Blackfeet tribe in Montana, is the leading plaintiff in a massive class-action suit against the government. At issue is up to $10 billion in trust payments owed to some 500,000 Indians. The suit revolves around Individual Indian Money (11M) accounts that are administered by the Interior Department’s Bureau of Indian Affairs (BIA). Back in the 1880s, the government divided more than 11m acres of tribal land into parcels of 80 to 160 acres that were assigned to individual Indians. Because these parcels were rarely occupied by their new owners, the government assumed responsibility for managing them. As the Indians’ trustee, it leased the land out for grazing, logging, mining and oil drilling--but it was supposed to distribute the royalties to the Indian owners.

In fact, officials admit that royalties have been lost or stolen. Records were destroyed, and the government lost track of which Indians owned what land. The plaintiffs say that money is owing to 500,000 Indians, but even the government accepts a figure of about 300,000. For years, Cobell heard Indians complain of not getting payment from the government for the oil-drilling and ranching leases on their land. But nothing much got done. She returned to Washington and, after a brush-off from government lawyers, filed the suit.

Gale Norton, George Bush’s interior secretary was charged with contempt in November because her department had failed to fix the problem. In December, Judge Lam berth ordered the interior Department to shut down all its computers for ten weeks because trust-fund records were vulnerable to hackers. The system was partly restored last month and payments to some Indians, which had been interrupted l resumed.

And that is not the end of it. Ms Norton has proposed the creation of a new Bureau of Indian Trust Management, separate from the BIA. Indians are cross that she suggested this without consulting them. Some want the trust funds to be placed in receivership, under a , neutral supervisor. Others have called for Congress to establish an independent commission, including Indians, to draw up a plan for reforming the whole system. A messy injustice may at last be getting sorted out.

Which of the following is TRUE according the text()

A. Trust funds have been placed in the hands of American Indians

B. Payments owed to American Indian have been indefinitely delayed

C. BIA deliberately leaves trust-fund records vulnerable to risks

D. American Indians should become increasingly vocal for justice