问题 问答题 简答题

简述国际民事诉讼中的域外直接送达的途径和方式。

答案

参考答案:

目前世界各国在国际民事诉讼中的域外直接送达的方式主要有:

(1)外交代表或领事送达,这是国际社会普遍承认和采用的一种方式。这种送达方式一般都要求在不违反所在国法律规定的情况下以现有的国际条约为依据。而且,大多数都规定外交代表和领事只能对所属国国民进行送达,而且都规定不能采取强制措施。

(2)邮寄送达是一国法院直接将诉讼和非诉讼文书邮寄给国外诉讼当事人或其他诉讼参与人。我国对外国法院向位于我国境内的当事人的邮寄送达原则上持否定态度。

(3)个人送达是指将诉讼和非诉讼文书交给具有一定身份的个人,如有关当事人的诉讼代理人,当事人选定的人或与当事人关系密切的人代为送达。

(4)公告送达是指将所要送达的诉讼和非诉讼文书的内容张贴公告、登报和广播的方法告知有关的当事人或其他诉讼参与人,自公告之日起经过一定的时间即为送达。我国《民事诉讼法》第247条对在外国进行的送达公告期为6个月。

(5)按当事人协商的方式送达。这是英国、美国等国家所采用的一种送达方式。

阅读理解

When I was 16 years old, I made my first visit to the United States. It wasn’t the first time I had been abroad. Like most English children, I learnt French at school and I had often been to France, so I was used to speaking a foreign language to people who didn’t understand English. But when I went to America I was really looking forward to having a nice easy holiday without any language problems.

How wrong I was! The misunderstanding began at the airport. I was looking for a public telephone to give my American friend Danny a ring and tell her that I had arrived. A friendly old man saw me looking like being lost and asked if he could help me.

“Yes,”I said.“I want to give my friend a ring.”

“Well, that’s nice,”he exclaimed (惊呼).“Are you getting married? But aren’t you a bit young?”

“Who is talking about marriage?” I replied. “I just want to give my friend a ring to tell her I’ve arrived. Can you tell me where there’s a phone box?”

“Oh!”he said.“There’s a phone downstairs.”

When at last we did meet up, Danny explained the misunderstanding to me.“Don’t worry,” she said to me.“I had many difficulties at first. There are lots of words which the Americans use differently in meaning from us British. You’ll soon get used to all the funny things they say. But most of the time British and American people can understand each other!”

小题1:When the writer arrived at the airport, he wanted to _____.

A.buy a ring for his friend

B.ask the way to his friend’s

C.telephone his friend

D.call a taxi小题2:The old man thought _____.

A.the writer wanted to find a phone box

B.the writer was old enough to get married

C.the writer didn’t know the way

D.the writer wanted to find his girlfriend小题3:.At last, the old man _____.

A.understood what the writer wanted to do

B.couldn’t understand the writer

C.bought a ring for the writer

D.took the writer to the phone box by himself小题4:Which sentence is wrong according to the passage?

A.The writer’s friend, Danny had a lot of difficulties in the U.S.A. at first.

B.There are some differences between American and British English.

C.British people can’t understand the Americans most of the time.

D.British and American people can understand each other most of the time.

判断题