来源:ACCA/CAT 发布时间:2012-02-04 ACCA/CAT视频 评论
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ALL TEN questions are compulsory and MUST be attempted
1 In relation to the basic legal system of China:
(a) (i) explain the term judicial interpretation ; (3 marks)
(ii) explain the legal basis for the Supreme People’s Court to issue a judicial interpretation . (3 marks)
(b) Article 428 of the Contract Law of China provides that upon the implementation of this law, the previous contract
laws shall be simultaneously abolished. Based on this provision, the Supreme People’s Court has issued a
Judicial Interpretation on the Application of the Contract Law.
In relation to this Judicial Interpretation, state the rule of the applicable law to deal with a contractual
dispute brought to the people’s court after the date of implementation of the Contract Law but the contract
was concluded before that date. (4 marks)
(10 marks)
2 In relation to the Property Law of China:
(a) explain the legal basis for creating legitimate possession, and the rules for determining the matters arising
from possession; (3 marks)
(b) state the right of claim of a LEGITIMATE POSSESSOR against various tortuous activities that infringe upon
or impair the possession, or damage the immovable or movable property under a legitimate possession;
(4 marks)
(c) state the rules of compensation to a RIGHT HOLDER for any immovable or movable damaged, destroyed or
lost by a possessor. (3 marks)
(10 marks)
3 In relation to the Labour Contract Law of China:
(a) explain the circumstances in which a labour contract is not allowed to incorporate a provision of probation.
(4 marks)
(b) explain the relevant restrictions on the PERIOD of probation in a labour contract. (6 marks)
(10 marks)
4 In relation to the Contract Law of China:
(a) explain the term withdrawal of an offer; (2 marks)
(b) explain the term revocation of an offer; (2 marks)
(c) distinguish between withdrawal of an offer and revocation of an offer; (4 marks)
(d) state whether a contract is formed where an offer and a notice of withdrawal of the offer reach the offeree
simultaneously. (2 marks)
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