问题 单项选择题

认为在审理涉外民事案件决定应援用哪一种冲突规范时,最早提出必须首先对争讼问题依据一定的法律观点和概念作出定性或分类的法学家是()

A.意大利的巴托鲁斯

B.德国的卡恩和法国的巴丁

C.法国的德波涅和德国的沃尔夫

D.德国的拉沛尔和英国的贝克特

答案

参考答案:B

解析:

识别:是指依据一定的法律观点或法律概念,对有关事实的性质作出“定性”或“分类”,把它归入特定的法律范畴,从而确定应援引哪一冲突规范的法律认识过程。

国际私法中的识别问题最早是由德国法学家卡恩和法国法学家巴丁相继于1891年和1897年提出的。卡恩将这种冲突称为“隐存的冲突”,巴丁称其为“识别的冲突”。

单项选择题

German Chancellor Angela Merkel won over German voters in the Federal Election on Sept. 27. Can she now be won over by a French charm offensive (1) at repairing the relationship that was once at the heart of Europe That’s the question being asked in Paris, (2) top government officials are (3) talking about their desire to rekindle closer ties (4) their neighbors across the Rhine. (5) the end of World War II the Franco-German relationship has been the motor of European integration, the (6) force behind the creation of the European Union and, more recently, the introduction of the euro. But the ardor has (7) in this decade, particularly under Merkel, who has regularly struggled to (8) her irritation with French President Nicolas Sarkozy’s grandstanding. Sarkozy, (9) , has often been impatient with what he (10) Merkel’s lack of resolve.

The sometimes (11) personal rapport is a long way from the public shows of affection their predecessors staged, particularly Helmut Kohl and FranCois Mitterrand, who movingly held (12) in 1984 in a Verdun cemetery. There’s been tension on (13) , too. Charles Grant, director of the London-based think tank Centre for European Reform, points out that France and Germany have been (14) on issues from how best to reflate their economies during the economic (15) to the smartest strategies for dealing with Russia.

But influential movers in France are now (16) to put the relationship back on a friendlier footing. In a recent paper French think tank Institute Montaigne (17) an ambitious agenda for the two nations, (18) that a new impetus is needed if Europe’s voice is to be heard in a world (19) of big new players, such as Brazil and India, and at a time when President Obama seems fax more (20) with China and the rest of Asia than with America’s traditional allies in Europe.

7()

A.deteriorated

B.aggravated

C.moderated

D.cooled

名词解释