Non-Attending Mock Exam II Partial PDF

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UNIVERSITÀ COMMERCIALE L. BOCCONIA. 2020/INTRODUCTION TO THE LEGAL SYSTEM – Module I Mock Exam 2nd Partial – Non- Attending1. The Principles of European Contract Law (PECL): a) consist in vague and general directives of the law. b) can be conceived as the source of a quasi-legislative law, since the...

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UNIVERSITÀ COMMERCIALE L. BOCCONI A.Y. 2020/2021 INTRODUCTION TO THE LEGAL SYSTEM – Module I Mock Exam 2nd Partial – Non-Attending

1. The Principles of European Contract Law (PECL): a) consist in vague and general directives of the law. b) can be conceived as the source of a quasi-legislative law, since they become applicable by choice of the contracting parties. c) are a binding legislative act that all EU countries must transpose in their national legislation. d) aim at creating a binding supranational law instrument. For their purpose, the PECL are an example of ‘hard law’. 2. a) b) c) d)

As opposed to second-order relations, first-order relations: apply directly to people’s entitlements. apply indirectly to people’s conduct and social intercourse. apply directly to people’s conduct and social intercourse. none of the previous answers is correct.

3. The right to change someone else’s entitlement though either a legal act or a lawsuit filed with a court is termed: a) power-right. b) usufruct. c) legitimate interest. d) license. 4. a) b) c)

A right is qualified as relative (or in personam): when it can be enforced only against a particular person or group of particular persons. when it refers only to non-patrimonial positions. when it can be enforced against whoever interfere with the rightsholder’s possession of an entitlement. d) only when it is accompanied by the power of its holder to withdraw at any time from a distance contract.

5. a) b) c) d)

Non-patrimonial rights: are not subject to prescription only when they are absolute. are not subject to prescription only when they are relative. are always subject to prescription, be they absolute or relative. are generally not subject to prescription, be they absolute or relative.

6. The contracting parties: a) can elect the PECL as the law applicable to their contract, but only in case of a bilateral agreement between consumers. b) can generally elect the PECL as the law applicable to their contract, but they cannot combine them with other sources of soft law.

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c) cannot elect the PECL as the law applicable to their contract in case of a B-to-B agreement. d) can generally elect the PECL as the law applicable to their contract, and they can combine these Principles with one or more national legal system. 7. The decision clarifying that an EU legislative act prevails over a national law although the second was enacted after the first is: a) Faccini Dori case. b) van Duyn case. c) Costa v Enel case. d) Wagner Miret case. 8. a) b) c)

The Leonesio case is a prominent judgment which stated that: EU regulations are capable of creating social rights that national courts must protect. EU regulations are capable of creating individual rights that national courts must protect. EU recommendations are capable of creating individual rights that national courts must protect. d) the state is not identified on the basis of the legal nature of the person acting, but on the basis of the public nature of the functions or of the activity it performs. 9. The Common core project: a) started in 2001 at the University of Trento and follows methodological approach, developed by Reinhard Zimmermann. b) started in 2001 at the University of Madrid and follows methodological approach, developed by Karl N. Llewellyn. c) started in 1995 at the University of Madrid and follows methodological approach, developed by Roscoe Pound. d) started in 1995 at the University of Trento and follows methodological approach, developed by Rudolf B. Schlesinger.

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10. The Draft Common Frame of Reference: a) was conceived from the outset as the precursor of a proper civil code according to the traditional model established in the nineteenth century. b) was conceived from the outset as the precursor of a commercial code according to the traditional model established in the nineteenth century. c) was conceived from the outset as the precursor of a code of civil procedure to the traditional model established in the twentieth century. d) none of the above answers is correct. 11. The principle of subsidiarity: a) binds the judiciary power to give priority to the legislative power of Member States (vertical subsidiarity), as well as to the freedom of individuals (horizontal subsidiarity) to choose which law should govern their contracts and, more generally, their obligations. b) binds the national judiciary to give priority to the national source of law, which should prevail over supranational law. c) binds the EU legislature to give priority to the legislative power of Member States (vertical subsidiarity), as well as to the freedom of individuals (horizontal subsidiarity) to choose which law should govern their contracts and, more generally, their obligations.

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d) binds the EU legislature to give priority to the freedom of individuals to choose which law should govern their contracts, and, also for this reason, it does not deal with the legislative power of Member States. 12. Legal pluralism: a) identifies the coexistence and competition of several legal systems which are not part of the same community. b) has historically marked the beginning of the East legal tradition. c) identifies the coexistence and competition of different jurisdictions and legal systems within the same community. d) has historically marked the beginning of the North legal tradition. 13. All events and actions that are legally relevant are classified as: a) material facts. b) legal transaction. c) autonomous act. d) legal facts. 14. From the point of view of their structure, the establishment of most companies or other legal entities may be: a) unilateral legal act. b) multilateral legal act. c) bilateral legal act. d) none of the above answers is correct. 15. The concept of Rechtsgeschäft is a term that may be referred to: a) only as a legal acts. b) as a legal act or as a legal transaction. c) as a material facts. d) as a legal fact stricto sensu. 16. According the French Code civil, torts are classified: a) as juridical facts. b) as juridical acts. c) as juridical acts stricto sensu. d) as a condition which affects a juridical act infringing a mandatory provision. 17. The vitiating factors, for which a legal act may be invalid, refer to: a) misrepresentation, duress and undue influence. b) the improper use of power or trust vis-à-vis one of a legal act’s parties. c) mistake, duress, undue influence, fraud and misrepresentation. d) none of the above answers is correct. 18. The Court on its own motion can raise: a) a legal act’s voidness. b) both a legal act’s voidness and voidability. c) only a legal transaction’s rescission. d) a contract’s invalidity.

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19. A joint stock company is: a) a corporation in which shares of the company can be bought and sold by shareholders on exchange. Each shareholder owns a portion of the company stock, evidenced by their shares. b) a cooperative society in which quotas can be bought by associates and sold to other associates. Each associate works for the cooperative society and owns a portion of it, evidenced by their shares. c) a corporation in which shares of the company can be sold by shareholders privately. Each shareholder owns only one share, representing the ownership of the company. d) a corporation in which shares, albeit transferable, Are not tradeable on exchanges. Joint stock companies are known for the flexibility that they provide to business owners. 20. By its nature, a legal entity, being fictitious, can only act by agency of natural persons. Those persons are called: a) attorneys. b) CEOs. c) legal representatives. d) none of the previous answers is correct. 21. Are embryos and foetuses natural persons? a) No, if they are under 12 weeks old. b) Yes. c) Yes, but they are not provided with capacity to act. d) No, but they are conferred ad hoc a number of rights. 22. Article 12(3) of the United Nations Convention on the rights of persons with disabilities provides that: a) States must take appropriate measures to provide access to persons with disabilities to the support they may require in exercising their legal capacity. b) States may take appropriate measures to provide full access to persons with disability to the support they may require in exercising their capacity to act. c) States are required, within 3 years from the entry into force of the Convention, to take any and all measures necessary to provide access to persons with disabilities to the support they may require in exercising their capacity to act. d) Answers a) and c) are both correct. 23. According to the tradition of Roman law, in most legal systems, including those of common law, animals are considered as: a) things that can be subjects able to hold rights, that can be nonetheless objects of property rights. b) things that can be objects of property rights rather than subjects able to hold rights. c) subjects that may be owned by natural and legal persons. d) things that can be subjects able to hold rights, namely the right to be in good health. 24. When a minor steps beyond the threshold of infancy: a) only the Polish legal system sets forth special requirements under which contracts entered into by them are deemed valid. b) some legal systems set forth special requirements under which contracts entered into by them are deemed null and void.

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c) some legal systems set forth special requirements under which they can be considered criminally liable. d) some legal systems set forth special requirements under which contracts entered into by them are deemed valid. 25. The so called “golden rule”: a) in civil law jurisdiction, is the aid to statutory interpretation that allows the interpreter to depart from the literal meaning of a provision. b) in common law jurisdictions, is the aid to statutory interpretation that allows the interpreter to depart from the literal meaning of a provision. c) in civil law jurisdiction, is the aid to statutory interpretation binding the interpreter to adhere to the wording of a provision and shaping the interpretation on its plain text. d) in common law jurisdictions, is the aid to statutory interpretation binding the interpreter to adhere to the wording of a provision and shaping the interpretation on its plain text. 26. Grammatical (or literal) interpretation: a) in civil law jurisdiction, is the aid to statutory interpretation that allows the interpreter to depart from the literal meaning of a provision. b) in common law jurisdictions, is the aid to statutory interpretation that allows the interpreter to depart from the literal meaning of a provision. c) is the aid to statutory interpretation binding the interpreter to adhere to the wording of a provision and shaping the interpretation on its plain text. d) none of the proposed answers is correct. 27. Overruling: a) is the aid to interpretation directed to cure the mischief or defect of pre-existing common law. b) is the technique used by civil law courts to depart from a leading case, repealing it. c) is the technique used by common law courts to depart from a leading case, repealing it. d) is an application of literal statutory interpretation.

28. Please, elaborate on the Principles of International Commercial Contracts, focusing on their features and objectives.

29. Please, elaborate on the status of incapacitated adults.

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Correct multiple choice answers:

1. B 2. C 3. A 4. A 5. D — 6. D 7. C 8. B 9. D 10. A — 11. C 12. C 13. D 14. B 15. B — 16. A 17. C 18. A 19. A 20. C — 21. D 22. A 23. B 24. D 25. B — 26. C 27. C...