Business Law
University of Macau
BBEL 230 –Business Law I
Macau, 28 March 2010
MID-TERM EXAM (Part I)
|Write your full identification, Western name and section. |
|Only the legislation, without any forbidden notes, can be used. |
|Dictionaries are allowed. |
|Do not repeat the facts of the cases in your answer: analyze them. |
|Do not rewrite entire articles of the law in your answer: just refer to them. |
|( Write clearly (clear ideas and readable words). |
|(Qualified answers are required: they must be complete, legal-based, well supported. |
I. Please state whether the following statements are correct and why (not)?
a) “All the rules in the Civil Code are default rules”; The statement is wrong. Although a lot of rules of the civil code are indeed default rules which may be set aside by the parties to a contract, some rules are imperative and have always to be respected so that the parties cannot decide otherwise in the contract. b) “A criminal law can never have retroactive or retrospective effect”; The statement is wrong. Although generally criminal cannot work back in time, there is an exception for criminal laws that benefit the accused; such laws may work back in time. c) “The Chief Executive of Macau has legislative power”; This statement is correct. The Chief executive can make administrative regulations. Complementary administrative regulations only
BBEL 230 –Business Law I
Macau, 28 March 2010
MID-TERM EXAM (Part I)
|Write your full identification, Western name and section. |
|Only the legislation, without any forbidden notes, can be used. |
|Dictionaries are allowed. |
|Do not repeat the facts of the cases in your answer: analyze them. |
|Do not rewrite entire articles of the law in your answer: just refer to them. |
|( Write clearly (clear ideas and readable words). |
|(Qualified answers are required: they must be complete, legal-based, well supported. |
I. Please state whether the following statements are correct and why (not)?
a) “All the rules in the Civil Code are default rules”; The statement is wrong. Although a lot of rules of the civil code are indeed default rules which may be set aside by the parties to a contract, some rules are imperative and have always to be respected so that the parties cannot decide otherwise in the contract. b) “A criminal law can never have retroactive or retrospective effect”; The statement is wrong. Although generally criminal cannot work back in time, there is an exception for criminal laws that benefit the accused; such laws may work back in time. c) “The Chief Executive of Macau has legislative power”; This statement is correct. The Chief executive can make administrative regulations. Complementary administrative regulations only