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LCP4801 -PACK INTERNATIONAL LAW EXAMS
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EU Law
ans:> The foundation of EU and the principles of free movement inside
EU, particularly regarding sales of goods.
Private International Law and Comparative Law
ans:> Which law applicable in a special situation? How do you solve a
legal problem in a different state?
International Commercial Law
ans:> How to solve problems in international commercial transactions.
International Transport Law
ans:> The rules, which regulates the different transport modes.
UN Convention on contracts for the International Sales of Goods (CISG).
ans:> Most important. The Vienna convention. Used by most of the
companies around the world. This Convention enters into force, subject
to the provisions of paragraph (6) of this article, on the first day of the
month following the expiration of twelve months after the date of deposit
of the tenth instrument of ratification, acceptance, approval or accession,
including an instrument which contains a declaration made under article
92.
UN Convention on contracts for the International Carriage of Goods
wholly or partly by sea.
ans:> This convention enters into force on the first day of the month
following the expiration of one year, after the date of deposit of the
twentieth instrument of ratification, acceptance, approval or accession.
,Parties in a commercial transaction:
ans:> Sellers and buyers.
More parties in a commercial transaction:
ans:> Sender (consignor). Receiver (consignee). Carrier (Transport
company/logistics company). Bank. Custom.Etc.
CISG regulates the relation between
ans:> Seller and Buyer (B2B).
Transport Conventions regulates the relation between
ans:> the Seller/Buyer and the Carrier
The targets of EU - Vital for the European Union.
ans:> Promote European unity, Improve life and working conditions for
all the citizens, Promote economic development, trade balance and free
competition, Reduce economical differences between the regions, Help
the developing countries, Maintain peace and freedom
The means of EU
ans:> The common legislation with uniform application in the member
states, The budget, financed with the community's own money, The
staff, employed by the institutions of the community.
Teleological interpretation
ans:> What's the purpose of it and what's the idea of the legislation?
EU treaties are..
ans:> a binding agreement between EU member countries. It sets out
EU objectives, rules for EU institutions, how decisions are made and the
relationship between EU and the member countries.
EU directives are...
ans:> legislated acts, that sets out a goal that all EU countries must
achieve. However, it is up to the individual countries to create their own
laws on how to reach the goals.
EU decisions
ans:> Are binding on those to whom it is addressed (an EU country or a
company) and is directly applicable.
EU law or National law, which is prior?
ans:> EU law has preference before national law
,The Court of Justice is ..
ans:> Judicial institution of the European Union. Consists of 28 judges
and 8 general lawyers One judge from each country. The court of Justice
interprets EU law to make sure it is applied in the same way in all the EU
countries. It also settles legal disputes between EU governments and EU
institutions.
Preliminary ruling is
ans:> a decision of the European Court of Justice (ECJ) on the
interpretation of European Union law, made at the request of a court or
tribunal of a European Union member state. They are final
determinations of Union law in question by the EU courts.
The General Court
ans:> Consists of 28 judges. This institution has been created in order to
relieve the pressure on the Court of Justice. Deals with cases brought
forward by private individuals, companies and some organisations, and
cases relating to competition law.
Consumer protection is good for..
ans:> To promote the interests of consumers and to ensure a high level
of consumer protection.
The fundamental 4 freedoms
ans:> Free movement of goods, services, people, capital
The purpose of the rule regarding free movement of goods is
ans:> that there will be no walls between member states inside the
European Union. For the countries outside the European Union (third
countries), however, the wall is still existing protection for the exchange
of goods inside the EU.
TARIC System:
ans:> What it costs to import something within the European Union. If
the EU don't want a specific merchandise within the EU, they can stop it.
The freedom of establishment and the free movement of services. What
is the difference between services and establishment?
ans:> Services - temporary. Up to 6 months. Establishment - permanent
Full establishment
, ans:> The setting up of new industries or complete transferation of the
whole industry.
Secondary establishment
ans:> A company establish subsidiary company, branch office or agency
in another country.
What is the purpose of The Schengen Treaty?
ans:> The main purpose is to abolish the border control for people
between EU countries and introduce other (replacement) measures. You
don't need your passport within the area, ID is enough.
Horizontal agreements are..
ans:> between actors at the same level/link. Ex: Between manufacturers
Vertical Agreements are...
ans:> between actors at different level/link. Ex: Between wholesale
dealer and retailer.
Dominant position means that
ans:> It is not forbidden to have a dominant position. It is forbidden to
use it wrongfully.
Product liability
ans:> The liability of the producer of a defect product, which causes
injury, damage or loss to the ultimate user (consumer).
Fault (culpa) liability
ans:> You are liable if you have acted negligent or with intent.
Strict liability
ans:> Always liable.
Qualified (presumed) liability
ans:> Liable if you cannot prove that you are innocent.
What are the two ways to look at liability?
ans:> You as a company has both liability 1. when manufacturing the
product (do not use wrong materials, child labour CSR over all) and also
product liability after the product has been bought by its end consumer.
Product liability in the US