1、2010 年双硕士项目欧洲法选修单元 C1 考试试题发布于 2010-7-21 11:33:05单元 C1： 国际贸易 Module C1: International TradeTitle of Course: International Commercial ContractsName of Lecturer: Prof. Jules Stuyck1. Compare commercial agency, business format franchising and distribution agreements , with regard to the nature of the pr
2、otection given to the weaker party in respect of (a) the conclusion and (b) the termination of the agreement in the law of the European Union and some of its Member States2. How do you appraise the following terms in a contract for the selective distribution of goods (other than cars) in the light o
3、f Article 101 TFEU?(a) the buyer shall respect the maximum price fixed by the supplier;(b) the buyer shall not sell to certain customers which the supplier has reserved for himself;(c) the buyer shall not sell goods outside a given territory;(d) the buyer shall not sell to unauthorised dealers(e) th
4、e buyer shall not sell goods on the internet if he does not sell the same goods in a brick and mortar outlet;(f) the buyer shall not sell to authorised dealers active at another level of the production and distribution chain;(g) the buyer shall not sell spare parts for repair to unauthorised dealers
5、Title of Course: International Sales and Principles of International Commercial ContractsName of Lecturer: Prof. Matthias Storme1. What is the role of “good faith (and fair dealing)“ in (an international sale under) CISG and in (a contract under) the Unidroit PICC?2. Art. 4 UCP deals with the distin
6、ction “credits v. contracts“. Explain what this means, including a short indication of the different legal relationships involved (you may restrict this to a simple case with only 1 bank involved).Title of Course: Conflicts of Law /Private International LawName of Lecturer: Prof. Geert Van Calster1.
7、 Liliana, a Polish citizen, who lives in Belgium with her French boyfriend Peter, was driving with Peter to Switzerland to spend a week-end with Peters friends living in Lugano. The car was Peters company car, leased by the firm he works for in St. Truiden, Belgium). Liliana was driving as she is a
8、better driver than Peter. While merging the highway traffic from a gas station in Luxembourg, Liliana reached for her freshly brewed coffee and crashed into a car which was overtaking her at a speed of 140km/h (20 km above the speed limit). As a result, everybody involved got injured and Mr. Bourgoi
9、s, the French driver of the other car with Luxembourg numberplates - , who lives in Luxembourg but spends a lot of time in France pursuing business opportunities, intends to sue Liliana for (i) damages to the car, (ii) pain and suffering caused by the accident, and (iii) the missed business opportun
10、ities in France due to his forced absence while he was recovering in hospital.Where can Mr Bourgois sue? 5 points and what law will that court apply to each of the 3 claims 5 points2. Discuss: “Neither the Brussels I, Rome I or Rome II Regulations really help harmonise European private international
11、 law, because the concepts they use are differently applied in the Member States.”2008 年双硕士项目欧洲法单元 IA 试题及参考答案发布于 2010-2-23 15:14:38第一单元 A：欧洲法律传统 (Module IA: European Legal Traditions)一、试题 （Exam questions）(I) 课程名称：宪法(Title of course: Constitutional-Law） Name of lecturer: Prof. Ramaekers (University o
12、f Maastricht)Time of the exam: 29.Oct 20081. The governments in Germany and the United States are both against hunting endangered animals in their country, and they both have anti-hunting majorities in their lower chamber of parliament .By controlling the upper chamber of parliament, pro-hunting par
13、ties in each of these systems hope to be able to stop the adoption of a law prohibiting hunting. Is it hard or easy for them so succeed? in which of the two countries would it be easiest to prevent the adoption of such a law? Explain your choice, citing provisions from the German and US Constitution
14、s where appropriate. Note that this question is about the lawmaking procedure.2. France, Germany and Netherlands have all passed a law prohibiting the sale alcoholic drinks on Sunday. Assume a lower judge in France, a lower judge in Germany and a lower judge in Netherlands are of the opinion that su
15、ch a law violates their respective Constitution. What can be the three judges do about this? Give reasons for answers, citing constitutional provisions where appropriate.（II）课程名称：比较法(Title of course: Comparative Law)Name of lecturer: Pro. Rammeloo ( University of Maastricht)Time of the exam: 29.Oct
16、20081. Describe the difference between Comparative law on one hand and Private International Law on the other2. Please explain the interest of comparative Law as a legal discipline in todays context?（III ）课程名称：刑法(Title of course: Criminal Law)Name of lecturer: Pro.Cancio ( University of Autnoma Madr
17、id)Time of the exam: 29.Oct 20081. Line out the consequences of the mens rea (culpability) principle, explaining the differences between civil law and common law system.2. Explain the constitutional and technical implications of the legality principle in comparison to the precedent system.二、试题答案（Ans
18、wers to Exam questions）Title of course: Comparative law Dr. S.F.G. Rammeloo (Maastricht University NL)Q 1 Describe the difference between Comparative Law on one hand and Private International Law on the otherAnswer:Contrary to Comparative Law (substantive comparison of legal subject-matters not nece
19、ssary of a private law nature - of two or more legal systems), Private International Law (or conflict of law) rules solely determines (i) jurisdiction, (ii) applicable law and (iii) recognition and enforcement of foreign judgments in a neutral manner, not offering any further information on the subs
20、tance of the applicable system of law whatsoever.Q2 Please mention at least three reasons of interest of comparative law as a legal discipline in todays context.Answer:1 Building up knowledge for conflict resolving on national law level (step backwards while the focus is on domestic law)2 Idem for c
21、ross-border relationships3 Take away national prejudices4 Contribute to national law reforms (cf. reconstruction of legal system Eastern European laws after collapse Sovjet-Union)5 Legislation: contribute to approximation, harmonization, or even unification of laws (cf. on both international and com
22、munautary EC law level): cf. articles 61 and 65 ECT (first pillar)6 Courts: cf. ECJ (principles underlying the laws of all EC Member States)7 Quasi-legislation: Restatement of the Law (US), development of principles (cf. European Contract Principles; Principles on Parental Authority developed by the
23、 Commission on European Family Law)8 Non-state legislation: lex mercatoria9 Reduction for business world of legal costs (Law secondly, comment on its positive and negative aspects in practice if there are any.2. Chinese legal system has been developing very fast, particularly in the area of market f
24、ormation. Comment on the role and function of the legal system played in the market formation. Give your suggestions on how to further promote the rule of law in this field.Instruction:A. It is a take-home exam;B. Choose one question from the following two to write an essay;C. Type your answer with
25、fond 12 and double space; it should be no more than 8,000 words;D. Your essay should be an independent work.2008 年双硕士项目欧洲法第三单元试题及参考答案发布于 2010-2-23 15:15:40第三单元：欧盟法律与政治简介（Module III：Introduction to Law and Politics of the European Union）一、试题（Exam questions）(I) 课程名称：欧盟法的法律基础(Title of course: Legal Fou
26、ndations of European Union Law） Name of lecturer: Prof. Hatje (University of Hamburg )Time of the exam: 24.Nov 20081. Please explain the elements of “Supranationality“ of the EU/EC.2. The EC-Law has supremacy over domestic law. Please explain the reasons and describe the limits. （II）课程名称：欧洲政治体系(Titl
27、e of course: European Political System） Name of lecturer: Prof. Navarro (University Autnoma of Madrid) Time of the exam: 24.Nov 2008Choose two questions Among the four below: 1. What does it mean to say Germany had a stable “two-and-a-half“ party system?2. Why did the French Fourth Republic collapse
28、 in 1958?3. What in your opinion are the main differences between Western European countries and the so-called “Central and Eastern“ European countries?4. How significant have key leaders been in the European integration process?（III ） 课程名称：欧盟政治与经济层面(Title of course:Political and Economic Dimension
29、of the EU）Name of lecturer: Prof. Dr. Thomas Eger (University of Hamburg)Time of the exam: 24.Nov 20081. a) What is the difference between primary and secondary law?b) Which are the main institutions involved in the EUs decision making process, i. e. in the production of secondary law?c) Assume a co
30、mmittee consists of three members, Huey, Dewey, and Louie, where Huey has 15, Dewey 25, and Louie 26 votes. At least 41 votes are required for a proposal to be accepted. Calculate the Shapley-Shubik-index and the Banzhaf-index for all members of the committee.2. a) What do you understand by a custom
31、s union?b) Explain that the establishment of a customs union leads to trade creation and trade diversion.c) What is the importance of the “Cassis-principle” for European integration?(IV) 课程名称：欧盟法的法律基础(Title of course: Legal Foundations of European Union Law） Name of lecturer: Prof. Malathouni (Maast
32、richt University )Time of the exam: 24.Nov 20081. The European Court of Justice (ECJ) has played a pivotal role in enhancing the protection of individuals in the Community legal order and in this way has ensured the uniform application of Community law in the Member States. Please support this state
33、ment by providing two examples indicating how the ECJ has made use of its “lawmaking ability”. What are the conditions of these rules and in which case law were these principles established and developed? 2. What is the function of a legal basis in Community legislation, how is it chosen and is ther
34、e a possibility to employ multiple legal bases in the same piece of legislation?二、试题答案（Answers to Exam questions）Title of course:Legal Foundations of European Union LawProf. Malathouni (Maastricht University) Q1The European Court of Justice (ECJ) has played a pivotal role in enhancing the protection
35、 of individuals in the Community legal order and in this way has ensured the uniform application of Community law in the Member States. Please support this statement by providing two examples indicating how the ECJ has made use of its “lawmaking ability”. What are the conditions of these rules and i
36、n which case law were these principles established and developed? Answer:Van Gend en Loos introduced the notion of a sui generis legal order for the Community legal order , where not only states but also individuals, enjoy right and duties. a. dir.effect: - definition= ability of individuals to rely
37、 before their national courts on rights that Community law has conferred upon them- conditions: expiry of implementation period and unduly or untimely implementation by MS, clear, precise and unconditional, lack of horizontal dir. effect- case law: Van Gend en Loos, Defrenne, Van Dyunb. indirect eff
38、ect: evolved mainly due to lack of horizontal dir. effect of dir.- definition: obligation of MS to interpret national law in conformity with Community Law.- conditions: expiry of implementation period, limits: contra legem interpretation and respect for principle of legal certainty(criminal law).- c
39、ase law: Von Colson, Marleasingc. state liability: - definition : possibility for individuals to hold a MS liable for breaches of Community law- conditions : rule of law must confer rights on individuals, sufficiently serious breach and causal link btw damage and breach- case law: Brasserie du Peche
40、ur, Factortame, FrancovichQ2 What is the function of a legal basis in Community legislation, how is it chosen and is there a possibility to employ multiple legal bases in the same piece of legislation?Answer:Legal basis definition: a treaty provision delineating the competence of the Community insti
41、tutions to act in this field. It is a further expression of the principle of conferred powers or of institutional balance (art. 5 and 7 TEC). It can support a ground for annulment. It takes the following form: institutions involved, legislation-making and decision-making procedures, subject matter.C
42、hoice of legal basis: based on objective factors amenable to judicial review such as content and aim of the measure. One looks for the predominant purpose and chooses a single legal basis. Only by way of exception can a multiple legal basis be chosen, if the aims of the measure are inextricably link
43、ed. Even in this case however, one must make sure that the various legal bases to be used entail compatible legislative procedures. In case the later are not compatible, the provision with the larger input for the EP has to be chosen, namely art. 251 TEC, since the EP enjoys a veto right.2008 年双硕士项目
44、欧洲法选修单元 D2 考试试题发布于 2010-2-23 15:26:05单元 D2: 公司法 Module D2: Company LawTitle of Course: Insolvency LawLecturer: Prof. Stephan RammelooNote: The exam is not an open book exam, and the students are only allowed to bring legislation UNCITRAL and EC Regulations with them. Question: Two businessmen from t
45、he Netherlands function as company officers of a Private Limited company which has been duly set up and incorporated in England. This company exclusively conducts business in the Netherlands and, via a branch, in Belgium. As a matter of fact the two officers never even went to England: their company
46、 was set up on line, via the website of the UK Companies House (the registry).Due to the financial crisis, the turnover of the company is rapidly decreasing. Dutch as well as Belgian Creditors of the company start complaining about non-payment. September 2009 some of the creditors start court procee
47、dings in order to let the company go broke (insolvency declaration).Where should insolvency proceedings be held? Explain your view.Title of Course: Liquidation ProceduresLecturer: Prof. Christoph TholeNote: closed-book examQuestion:Describe the role of the liquidator - what are his duties and his fu
48、nctions; how does this differ from a provisional liquidator and why have a liquidator at all?Title of Course: Reorganization SchemesLecturer: Prof. Frank Verstijlen Note: closed-book examCompany X operates a bicycle factory. X has the following debts. A has a secured claim of 4 million. B, C and D a
49、re ordinary creditors with claims of 2 million each, therefore to a total amount of 6 million. E has a subordinated claim of 5 million.X runs into financial difficulties and reorganization proceedings are opened. The liquidation value of the assets is 9 million; there is no possibility for a going concern transfer. X proposes a plan on the basis of which the business will be continued and a total amount of 10 million will be available for the creditors. Acco
