问题 问答题 案例分析题

甲系中国公民,居住在杭州市。甲死于杭州并在英国遗有不动产。甲有丈夫乙和胞弟丙,都是中国公民,也都居住在杭州。除了乙与丙,甲死亡时没有其他亲人,并且没有立遗嘱。乙与丙因该不动产继承闹起纠纷,乙起诉至杭州市某法院。

(1)杭州法院有无管辖权?为什么?

(2)如果杭州法院有管辖权,应适用哪国法律?为什么?

答案

参考答案:

(1)杭州法院对此案拥有管辖权。根据我国《民事诉讼法》的规定,因继承遗产纠纷提起的诉讼,由被继承人死亡时住所地或主要遗产所在地人民法院管辖。

(2)杭州法院应适用英国法律。我国《民法通则》第149条规定:动产适用被继承人死亡时住所地法律,不动产适用不动产所在地法律。乙与丙因该不动产继承闹起纠纷,故应适用英国法律。

完形填空

(共5小题;每小题2分,满分10分)

根据短文内容,从短文后的选项中选出能填入空白处的最佳选项。选项中有两项为多余选项。

Two brightly colored butterflies have just flown by. They seems to be exactly alike, but actually one is a little larger than the other. 小题1: The smaller one has a wingspread of less than three inches and also a black line on its back wings.

At first sight, it is hard to tell them apart. Would you guess from this that they are different-sized butterflies of the same species?  小题2: If you said yes to either question, you would be wrong, for these look-alikes belong to quite different families.

The larger insect is the monarch butterfly (黑脉金斑蝶). As a baby insect, the monarch feeds on milkweed, which seems to give the monarch a disagreeable taste and smell.  小题3:  Birds that eat butterflies soon recognize the monarch and quickly learn to leave it alone.

小题4:  Birds would find this insect tasty, but because it looks like the monarch, birds keep away from it. The viceroy’s similarity to the monarch gives it some protection from its enemies and helps it survive.

There are other pairs of look-alike butterflies, bees and moths. In each case, one either has a disagreeable taste or smell, or can give a painful sting (叮咬). The larger is called the model. 小题5:  (词数206)

A.The smaller insect is the viceroy (副王峡蝶), which feeds on the leaves of trees.

B.The larger insect has a wingspread (翼长) of up to four inches.

C.The bright coloring of the monarch acts as a warning sign to its enemy.

D.Birds protect their babies from eating such dangerous enemies.E. The insect that imitates this model for protection is called the mimic(保护色).

F. Or that they are different species of butterflies but close relatives belonging to the same family?

G. Do you like this kind of special species?

单项选择题 案例分析题