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1、北航13春国际商法在线作业答案（13 international law northern spring online homework answer）Northern online operation of international commercial lawTotal score of test paper: 100 test time: -One, radio questions (a total of 15 questions, a total of 60 points)The 1. holder lose the right of recourse for not prompt
2、and at the same time, this was the acceptor protest, the limitation of action by the Geneva Convention on Uniform Law provisionsA. 1 yearsB. 2 yearsC. 3 yearsD. 6 yearsFull Score: 4 points2. the types of agents stipulated in the general principles of civil law of China areA. direct agentB. indirect
3、agencyC. express authorizationD. implied licenseFull Score: 4 points3. in accordance with the French law, the contract which does not take the notarys instrument as the effective form of the contract isA. gift contractB. husband and wife property system contractC. establishing mortgage contractD. co
4、mmercial contractFull Score: 4 points4. the statute law stipulated for limited partnership for the first time isUnited States commercial code of the United States of America (A.)B. British commercial lawC. French commercial code of 1807D. German Commercial Code of 1897Full Score: 4 points5. accordin
5、g to the provisions of the Convention on Contracts for the international sale of goods, in installment contract, if one party does not perform any of them on a consignment of goods has the obligation, constitutes a fundamental breach of contract, the other party may adopt the method of reliefA. canc
6、el the whole contractB. declares that the contract is invalid for the goodsEffect of cancellation of contract by C. on the batch and future goodsEffect of D. cancellation contract on the batch of goods and the goods that have been fulfilled beforeFull Score: 4 points6. card Meng Da contract is the r
7、udiment of ()A. Co., Ltd.B. Limited by Share LtdC. limited partnershipD. sole proprietorshipFull Score: 4 points7. in accordance with the British law, for breach of warranty, the non breaching party can take remedial measures isA. can only ask for rescission of the contract and cannot claim damagesB
8、. cannot claim for rescission of the contract and has the right to claim damagesC. can ask for explanation of contract and claim for compensationD. or request to terminate the contract, or ask for damagesFull Score: 4 points8. a company entered into a contract for international sale of goods with B.
9、 Due to the seller a company fails to timely delivery of goods receipt for company B, resulting in goods from one place to another port, company B can not pick up stranded by the storm, all the damage. The two parties have disputes because they have not agreed on the risk sharing of the goods. In ac
10、cordance with the Convention on Contracts for the international sale of goods, the risk loss of the goods shall beA. is sold by seller a companyB. is undertaken by buyer B companyC. is shared by a and B companiesD. deals with the principle of equityFull Score: 4 points9. the first arbitration rule o
11、f China was formulated by the Foreign Trade Arbitration Commission in 1956A. provisional rules of arbitration procedureB. arbitration rules of China International Economic and Trade Arbitration CommissionC. arbitration rules of Maritime Arbitration CommissionD. arbitration rules of the foreign econo
12、mic and Trade Arbitration CommissionFull Score: 4 points10. the largest number of enterprises in capitalist countries is the form of enterprisesA. partnershipB. personal enterpriseC. companyD. national public utilitiesFull Score: 4 points11. the following enterprises with independent legal person st
13、atus in China areA. companyB. personal enterpriseC. joint ventureD. sole proprietorshipFull Score: 4 points12. according to the provisions of the judicial system in our country, the peoples court tries the caseA. first instance system of final adjudicationThe B. trial systemC. three instance system
14、of final adjudicationD. four instance system of final adjudicationFull Score: 4 points13. in the proxy system of the continental law, the agent enters into a contract with the third party in his own nameA. direct agentB. implied licenseC. has no right to act as agentD. indirect agencyFull Score: 4 p
15、ointsAccording to the provisions of the 14. Convention Convention on Contracts for the international sale of goods. In the sale of machinery and equipment, machinery and equipment delivered by the seller in one of the most important parts do not conform with the contract, so that the whole machine c
16、an not be used when the buyer is to remedyA. requires goods to be returnedB. requires a price reductionC. claims damagesD. announced the cancellation of the entire contractFull Score: 4 pointsFifteenIn accordance with the provisions of the German law on the nature of liquidated damages, the liquidat
17、ed damages stipulated in the contract areA.s prior agreement on losses caused by breach of contractB. punishment for breach of contract by breaching partyC. not only punishes the breach, but also compensates the lossD. is the amount of damages that cannot be changedFull Score: 4 pointsTwo, (a total
18、of 5 multiple-choice questions, a total of 20 points.)1. according to the British laws and precedents, which of the following situations can be regarded as a failure of the contract?:Loss of the object of A.A fundamental change in the B. situationC. major natural disastersD. illegalE. government imp
19、lements embargo embargo and import and export license systemFull Score: 4 points2. in accordance with the Convention on Contracts for the international sale of goods, the following price termination is the case:A. offer was rejectedB. offer was withdrawnC. was cancelledExpiration of acceptance perio
20、d of D. offerThe reasonable time limit for E. offer has passedFull Score: 4 points3. if the arbitration award made by the foreign arbitration institution in China is not executed by the court of China, the parties concerned shall not be executed:A. must apply for arbitration again through arbitratio
21、n agreementB. may apply for arbitration again according to the written arbitration agreement reached by both partiesC. can only appeal to the peoples court for trialD. can sue the peoples courtE. may apply for arbitration according to the written arbitration agreement reached by both parties, and ma
22、y also bring a suit to the peoples courtFull Score: 4 points4. according to the provisions of the German law, the people who are not capable of doing so are:A. children under 7 years of ageB. was declared a prohibited person because of mental illnessC. children under 10 years of ageD. alcoholicsE. i
23、s mentally deranged, not free will, not temporaryFull Score: 4 points5. according to the product liability act of the United States, the defects of the product include:A. design flawsB. production defectsC. transport defectsD. illustrates defectsE. packaging defectsFull Score: 4 pointsThree, judgmen
24、t questions (a total of 5 questions, a total of 20 points)1. the cheque confirmed by the paying bank is more effective than the acceptance of the bill of exchange.A. errorB. correctFull Score: 4 points2. according to the provisions of the German law relating to the dissolution of the contract, the e
25、xercise of the right to terminate the party as long as directly notify the other party to terminate the contract, the court does not need to decide.A. errorB. correctFull Score: 4 points3. a limited liability company is changed into a Limited by Share Ltd. After the companys net assets are folded, t
26、he stockholders equity is equal to the net assets.A. errorB. correctFull Score: 4 points4. according to the Convention on the application of law to product liability, the damage of the product itself and the economic loss caused by it are also included in the damage referred to in the product liabil
27、ity.A. errorB. correctFull Score: 4 points5. judicial precedents are also important sources of law in china.A. errorB. correctFull Score: 4 pointsBUAA International Business Law online homework twoTotal score of test paper: 100 test time: -One, radio questions (a total of 15 questions, a total of 60
28、 points)1. according to the provisions of the Convention on Contracts for the international sale of goods, in installment contract, if one party does not perform any of them on a consignment of goods has the obligation, constitutes a fundamental breach of contract, the other party may adopt the meth
29、od of reliefA. cancel the whole contractB. declares that the contract is invalid for the goodsEffect of cancellation of contract by C. on the batch and future goodsEffect of D. cancellation contract on the batch of goods and the goods that have been fulfilled beforeFull Score: 4 points2. the largest
30、 number of enterprises in capitalist countries is the form of enterprisesA. partnershipB. personal enterpriseC. companyD. national public utilitiesFull Score: 4 pointsThe 3. holder lose the right of recourse for not prompt and at the same time, this was the acceptor protest, the limitation of action
31、 by the Geneva Convention on Uniform Law provisionsA. 1 yearsB. 2 yearsC. 3 yearsD. 6 yearsFull Score: 4 points4. in the following countries, the exercise of the right to rescind the contract must be put forward to the courtA. ChinaB. GermanyC. FranceD. AmericaFull Score: 4 points5. in accordance wi
32、th the provisions of German law on the nature of liquidated damages,The liquidated damages stipulated in the contract areA.s prior agreement on losses caused by breach of contractB. punishment for breach of contract by breaching partyC. not only punishes the breach, but also compensates the lossD. i
33、s the amount of damages that cannot be changedFull Score: 4 points6. among the following, Anglo American law countries and continental law countries regard it as the essential factor of the establishment of the contractA. promises made by the parties concernedB. contract must have considerationC. th
34、e agreement of intent between the two partiesThe D. contract must have the legal considerationFull Score: 4 points7. the company law of the United States allows the shareholders meeting to take effect when electing members of the board of directorsA. cumulative voting systemB. one share one vote sys
35、temC. secret ballot systemD. democratic voteFull Score: 4 points8. German law divides the breach intoA. breach of condition and breach of warrantyB. slight default and major breach of contractC. payment not and payment delayD. anticipatory breach of contract and performance impossibleFull Score: 4 p
36、oints9. in accordance with the Uniform Commercial Code of the United States, the time when the ownership of the goods is transferred to the buyer is, except otherwise agreed by both partiesWhen the A. contract was establishedWhen the B. contract comes into forceC. when the seller delivers the goodsD
37、. when the buyer pays the priceFull Score: 4 points10. currently, some influential states in the United States, such as New York, have adopted the legal application of product liabilityThe law of the place where the damage occurred in A.B. the law of the most favourable position of the plaintiffThe
38、law of origin of C. productsThe state law of the state of the state of the state of the D.Full Score: 4 points11. in the source of law, the country with precedent as the main legal source isA. GermanyB. UKC. FranceD. ChinaFull Score: 4 points12. in accordance with the provisions of the British law,
39、a legally valid contract, in addition to the meaning of the agreement between the parties, but also must have the elements areA. written formB. considerationC. signature wax sealD. considerationFull Score: 4 points13. in the following countries, there is no special agreement between the parties conc
40、erned, and the delivery time is not the time of transfer of the ownership of the goods in the contract for the sale of movable propertyA. FranceB. GermanyC. ChinaD. AmericaFull Score: 4 points14. in accordance with the common law of the United States and the United States, a contracting party may be
41、 subjected to a contract under duressA. declare the contract invalidB. announces the validity of the contractC. announces cancellation of contractD. declaration of contract was not effectiveFull Score: 4 points15. according to the 1980 United Nations Convention on Contracts for the international sal
42、e of goods, if the seller fails to deliver the goods in accordance with the time stipulated in the contract itself, it constitutes a fundamental breach of contract, then the buyer shall be the buyerA. must give the seller a reasonable period of performance of the contractB. can cancel the contract w
43、ithout giving the seller a reasonable period of timeC. can only remedy by means of claim damagesD. can only require actual performanceFull Score: 4 pointsTwo, (a total of 5 multiple-choice questions, a total of 20 points.)1. according to the principle of company law, the priority enjoyed by preferre
44、d shares is equal to that of common shares:A. distribute the companys dividendWhen B. company liquidated the companys remaining propertyC. exercising the right to voteD. check booksE. to attend the shareholders meetingFull Score: 4 points2. the people who have no capacity for civil conduct stipulate
45、d in the general principles of the civil law of the peoples Republic of China are:A. minors over 10 years of ageB. minors under 10 years of ageC. mental patients who cant recognize their behaviorD. can not fully identify the mental patients of his behaviorE. minors less than 16 years of age and less
46、 than 18 years of ageFull Score: 4 points3. the following are the sources of Chinese law:A. constitutionB. lawC. administrative regulationsD. local laws and regulationsThe law of the E. Special Administrative RegionFull Score: 4 points4. in accordance with the company law principle, the directors obligations to the company include:A. performs his duties with cautionB. shall not engage in