每日一练F4(CHN) 答案回复可见
<p>1 In relation to the Civil Procedures Law of China:<br/>(a) explain the rules on territorial jurisdiction of the Chinese people’s court over a civil case against a natural<br/>person and a legal person respectively; (4 marks)<br/>(b) explain the term exclusive jurisdiction; and (3 marks)<br/>(c) describe the types of civil cases which are under the coverage of the exclusive jurisdiction of the court.<br/>(3 marks)<br/>(10 marks)</p><p>1 This question requires candidates to explain the territorial jurisdiction of a Chinese court to deal with civil cases against a natural<br/>person and a legal person, and explain the term exclusive jurisdiction as well cases subject to exclusive jurisdiction under the Civil<br/>Procedures Law of China:<br/>(a) (i) In accordance with Article 22 of the Civil Procedures Law, in case a civil lawsuit is brought against a natural person,<br/>the court at the place where the defendant has his/her domicile shall have jurisdiction over the case. If the place of the<br/>defendant’s domicile is different from that of his/her habitual residence, the jurisdiction shall be based on habitual<br/>residence.<br/>(ii) Where a lawsuit is brought against a legal person or any other organisations, such lawsuit shall be under the territorial<br/>jurisdiction of the court of the place where the legal person or other organisation has its domicile.<br/>(b) In accordance with Article 34 of the Civil Procedures Law, exclusive jurisdiction refers to such special territorial jurisdiction<br/>under which the court of the place shall have exclusive jurisdiction over the cases, even if such jurisdiction contradicts the<br/>jurisdiction based on the rules of the common territorial jurisdiction.<br/>(c) In accordance with Article 34 of the Civil Procedures Law, the exclusive jurisdiction is provided as follows:<br/>(i) A dispute over real estate shall be under the jurisdiction of the court at the place where the estate is located;<br/>(ii) A dispute over harbour operations shall be under the jurisdiction of the court at the place where the harbour is located;<br/>(iii) A dispute over succession shall be under the jurisdiction of the court where the decedent had his/her domicile upon<br/>his/her death, or where the principal part of the estate is located.</p> tks thx~页:
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