First, multiple-choice questions, there is only one correct answer in the options given in each question. There are 1-50 questions in this part, with each question 1 point, and ***50 points.
1. Answer: Test site D: Principles of Civil Law? Analysis: Article 4 of the General Principles of Civil Law stipulates: "Civil activities should follow the principles of voluntariness, fairness, equal compensation, honesty and credibility." Among them, the principle of good faith means that the civil subject should be honest, not fraudulent, not harmful to the interests of others and society, and properly exercise rights and perform obligations. Party A sold the bungalow to Party C without telling Party B that it would build a high-rise building, which violated the principle of good faith.
2. answer: b? Examination center: formation right
Analysis: The right of formation is the right that takes legal effect according to the unilateral expression of the obligee, and Sun's consent is the exercise of right of ratification and right of ratification.
3. answer: a? Examination center: residence
Analysis: Article 9 of the People's Opinions stipulates: "The place where citizens leave their domicile and live continuously 1 year or more is their habitual residence. Except for hospitalization. If a citizen does not have a habitual residence after moving out of the place of residence, he still takes the place of residence as his residence. " Therefore, you should choose item A in this question, and all other options are wrong.
4. answer: b? Test center: cancel death declaration
Analysis: Article 37 of the People's Opinions stipulates: "The marriage relationship between the person who is declared dead and his spouse shall be eliminated from the date of death. If the death declaration is revoked by the people's court and the spouse has not remarried, the relationship between husband and wife will be restored from the date of revocation of the death declaration; If the spouse divorces after remarriage or the spouse dies after remarriage, it shall not be deemed that the relationship between husband and wife will recover on its own. " According to this article, the marriage between B and C is valid and should be confirmed by the court.
5. answer: d? Test center: legal person responsibility ability
Analysis: Article 58 of the People's Opinions stipulates: "If the legal representative and other staff members of an enterprise as a legal person engage in business activities in the name of a legal person and cause economic losses to others, the enterprise as a legal person shall bear civil liability." The office involved is only a branch of a company in Qingdao and has no independent responsibility. If Wang causes damage to others due to duty driving, the company shall be liable for damages.
6. Answer: D Test Site: Things
Analysis: It should be noted that money is a special thing, and its particularity lies in that when ownership is transferred, ownership is also transferred. Therefore, in lending, the ownership of money is transferred, not the right to use it. A's statement is wrong Securities are written documents that create and prove property rights. Although the movie ticket can prove that the customer has signed a contract with the studio, it cannot be said to be a written document setting property rights. Similarly, there are plane tickets and so on. They are only evidence of contracts, not securities. B's statement is incorrect. To judge the relationship between subject and subordination, we should remember two basic characteristics of subordination: "Non-subject components help the subject". Generally speaking, mineral deposits are regarded as a part of land, so it cannot be said that mineral deposits belong to land. As for the distinction between original objects and fruits, there are also two standards: fruits become independent objects; Fruit is something born from the primitive.
7. answer: c? Test center: invalid civil act
Analysis: In this issue, Sun was frightened by Qiu. Because of fear, he committed a civil act of IOUs. According to Item (3) of Item 1 of Article 58 of General Principles of Civil Law, the coerced civil act is invalid, so Item C is selected. It should be noted that the provisions of Article 52 of the Contract Law do not apply to this issue. Although Article 52 of the Contract Law modifies Article 58 of the General Principles of Civil Law to a certain extent, there are other forms of civil legal acts besides contracts, such as agency, unilateral legal acts, marriage and wills. That is to say, after the adoption of the Contract Law, the provisions of Article 58 of the General Principles of Civil Law are still valid outside the scope of contract validity. The stem and options of this question only ask about the effectiveness of civil acts, which has nothing to do with contracts, so the provisions of Article 58 of the General Principles of Civil Law should still be applied.
8. answer: a? Testing Center: Effectiveness of Agency Behavior
Analysis: Article 63 of the General Principles of the Civil Law stipulates: "Citizens and legal persons may carry out civil juristic acts through agents. An agent carries out civil legal acts in the name of the principal within the scope of agency authority. The principal shall bear civil liability for the agent's agency behavior. In accordance with the law or in accordance with the agreement between the two parties, civil legal acts that should be implemented by themselves shall not be represented. " In this case, Wang's purchase of audio-visual equipment in the name of Lixin School is an agency act, so the lottery ticket and the winning TV set should be owned by Lixin School.
9. answer: c? Test center: the limitation of action is interrupted.
Analysis: Article 140 of the General Principles of Civil Law stipulates: "The limitation of action is interrupted by bringing a lawsuit, a party requesting or agreeing to perform an obligation. From the time of interruption, the limitation period is recalculated. " In this case, Liu Wen wrote a dunning letter to Li Yu, demanding repayment. Because Li Yu received this letter on February 10. Explain that Wen Li's repayment requirements have been known, and the lawsuit should be interrupted at this time.
10. Answer: Test center C: * * Tort liability.
Analysis: This question involves the tort liability of * * *. According to Article 130 of the General Principles of the Civil Law, if two or more people infringe upon it and cause damage to others, they shall be jointly and severally liable. The losses of Party A are caused by the torts of Party B, Party C and Party D, so Party B and Party D are jointly and severally liable. Party A may claim compensation from any one of Party B, Party C and Party D or any two or three of them. In this topic, if Party A and Party B reach an agreement on the creditor-debtor relationship caused by infringement, they shall respect the agreement of Party A and Party B, and shall not prevent Party A from demanding that * * * bear the residual liability for compensation with the infringer.
1 1. Answer: Test site A: Infringement caused by buildings.
Analysis: Article 126 of the General Principles of the Civil Law stipulates that if a building or other facilities and the shelving or hanging objects on the building collapse and fall off, causing damage to others, the owner or manager shall bear civil liability, unless he can prove that he is not at fault. Therefore, building damage infringement only adopts the principle of presumption of fault liability, that is, once the consequences of building damage occur, the owner or manager is presumed to be at fault, unless the owner or manager himself proves that he is not at fault.
12. answer: test site b: compensation for mental damage.
Analysis: in this question, A's commemorative video tape was destroyed, and its claim for compensation belongs to mental damage compensation. Regarding the compensation for mental damage, the more important judicial interpretation is the Interpretation of the People's Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Tort, which candidates should pay attention to. Article 4 stipulates: "If a specific commemorative item with symbolic personality is permanently lost or damaged due to infringement, and the owner of the item brings a lawsuit for compensation for mental damage to the people's court on the grounds of infringement, the people's court shall accept it according to law." It can be seen that compensation for mental damage can only be requested in tort litigation. This provision of the interpretation conforms to the concept of civil law. Because the system purpose of the action for breach of contract is to relieve the property rights of the parties, the compensation for mental damage does not apply to the action for breach of contract. This is also the general theory in the field of civil law at present. Candidates should keep in mind. Tick the option to directly exclude item A. D. Party A entrusts Party B to process the video tape. After the video tape is damaged, Party A can of course bring an infringement lawsuit against Party B on the grounds that the ownership of the video tape has been infringed. Therefore, item C is wrong and item B is correct.
13. answer: test site d: privacy.
Analysis: This topic involves the protection of privacy and the balance of the exercise of public power. Privacy is a kind of private right, and its protection often conflicts with the exercise of public rights such as judicial power, procuratorial power, administrative punishment power, freedom of speech and supervision power. In this regard, if it is the correct exercise of public power and the disclosure of others' privacy, it is not an invasion of others' privacy. In this topic, it is a legitimate act for a university to punish students who violate the discipline and convey the punishment decision to the relevant units of the school, which does not constitute infringement.
14. Answer: Test Site D: Copyright of commissioned works.
Analysis: Article 17 of the Copyright Law stipulates: "The ownership of copyright in commissioned works shall be agreed by the client and the trustee through the contract. If the contract is not clearly stipulated or no contract is concluded, the copyright belongs to the trustee. " In the title, Party A and Party B did not conclude a contract, so the copyright belongs to the trustee B. ..
15. answer: test center c: the meaning of "author"
Analysis: According to Article 1 1 of the Copyright Law, the copyright belongs to the author, unless otherwise stipulated in this Law. The citizen who creates a work is the author. The so-called creation refers to the behavior of forming a work through one's own intellectual activities, so the coordinator and moderator of a certain topic, or anyone who searches, transcribes and discusses information for others with the creator, cannot be regarded as the author, because their behavior does not constitute creation, so the A.B.D option should be excluded. Please refer to Article 3 of the Regulations for the Implementation of Copyright Law. In option C, although Professor A revised two chapters written by Lecturer Ding, Dante's writing behavior still constitutes creation, so it should be listed as one of the authors of this book. This question should choose item C.
16. Answer: Test site D: It is not regarded as patent infringement.
Analysis: Paragraph 1 of Article 63 of the Patent Law stipulates that any of the following circumstances shall not be regarded as patent infringement: (1) After the patented product licensed or imported by the patentee or the product directly obtained by the patented method is sold, the patentee uses, promises to sell or sells the product; (2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope; (3) According to the agreement signed between the country to which it belongs and China or the international treaties to which it is a party, or according to the principle of reciprocity, foreign means of transport passing through the territory, territorial sea and airspace of China temporarily use the relevant patents in their devices and equipment for their own needs; (four) the use of relevant patents for scientific research and experiments.
17. answer: test site d: principles of trademark registration application
Analysis: According to Article 29 of the Trademark Law, if two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same or similar goods, the trademark applied earlier shall be preliminarily examined and announced; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement. It can be seen that the application for trademark registration in China adopts the principle of prior application, and the date of application for trademark registration is subject to the date when the Trademark Office receives the application documents. Lida Company applied for this question first.
18. Answer: D? Examination Center: The Death of Property Rights
Analysis: the crime of abandonment is a unilateral legal act aimed at eliminating property rights. As long as the creditor expresses his intention, the waiver will take effect. The meaning of abandonment is not necessarily expressed to a specific person. As long as the obligee gives up possession, the meaning of giving up means the effectiveness of giving up. Party A threw away the 3000 yuan Treasury bill unintentionally, not because of its true meaning, that is to say, the abandonment did not take effect, and Party A still owned the 3000 yuan Treasury bill, and Party B should return it.
19. Answer: B.C.D Test center: The building is divided into all areas.
Analysis: The contents of condominium ownership include exclusive partial ownership, * * * partial use right * * and membership right. The roof of a unit building belongs to the common use of all divided owners, and individual divided owners have no right to dispose of it. Although Zhang Jia is the owner of an apartment on the roof, that is, the divided owner, the ownership of the building roof does not belong to Zhang Jia alone. Zhang Jia has no right to allow Company B to use the roof alone, and his behavior is unauthorized. The validity of the signed contract is to be determined. Honorable owners have the right to share the profits from the use of * * * according to a certain proportion. So item A is wrong, and item B.C.D is right, which is in line with the meaning of the question.
20. answer: test center c: preemptive right
Analysis: Article 78 of the General Principles of the Civil Law stipulates: "Property can be owned by two or more citizens and legal persons. * * * is divided into * * * and with * * *. According to their respective shares, * * * has the right and obligation to share the property. * * * and * * * some people have rights and obligations to all the property of * * *. Everyone who owns stock property has the right to demand the division or transfer of his shares. But at the time of sale, other people have the preemptive right under the same conditions. So in this issue, B has the preemptive right. Article 230 of the Contract Law stipulates: "When the lessor sells the leased house, it shall notify the lessee within a reasonable period before the sale, and the lessee shall have the preemptive right under the same conditions. "From the legislative point of view, the reason why the law stipulates the lessee's preemptive right is to protect the interests of the lessee who actually uses the house, so both Ding and Lessee C who actually rent the house should enjoy the preemptive right. So the answer to this question is C.
2 1. answer: test site b: right of residence.
Analysis: Residence right is a servitude right in traditional civil law, which is set for the benefit of a specific person. In theory, it is generally believed that the right of residence is the right of a specific person to use another person's house because of his residence. Under normal circumstances, the owner of the right of abode is not allowed to rent a house, but he can be allowed to rent a house during the right of abode period when his life is very poor. This is the case with this topic. So item B is incorrect and to the point, while item A.C.D is correct and not to the point.
22. answer: test site b: guarantee responsibility of mixed guarantee.
Analysis: In the face of this problem, candidates must first realize that they are investigating mixed guarantees. The so-called mixed guarantee refers to the same creditor's right, which has both guarantee and mortgage or pledge guarantee. According to Article 28 of the Guarantee Law: "If the same creditor's right is secured by two things, the guarantor shall be liable for the creditor's right other than the thing." Then Party C, as the guarantor in this issue, is only liable for the creditor's rights other than the property guarantee. The guarantee value of the property is 6,543,800 yuan+600,000 yuan, and Party C only bears the guarantee responsibility of 40,000 yuan. This is a preliminary analysis of the problem. However, during the guarantee period, the situation changed again, that is, the car as collateral was damaged and only 30 thousand yuan of insurance compensation was obtained. At this point, the mortgage was transferred to its subrogation to get 30 thousand yuan compensation. In this way, the value range of property guarantee is reduced from 6.5438+0.6 million yuan to 6.5438+0.4 million yuan. In this case, the second paragraph of Article 38 of the Interpretation of the Guarantee Law stipulates: "If the same creditor's right is guaranteed by two things, and the guarantee contract of the things is confirmed invalid or revoked, or the collateral is lost due to force majeure and there is no subrogation, the guarantor shall still bear the guarantee liability according to the provisions of the contract or the law." That is to say, in this case, the guarantor needs to bear the corresponding reduced guarantee responsibility, so the guarantee responsibility undertaken by C at this time should be 60,000 yuan. Item b is correct.
Answer: test site b: the validity of mortgage and pledge contracts
Analysis: (1) Article 4 1 of the Guarantee Law stipulates: "If a party mortgages the property specified in Article 42 of this Law, it shall register the mortgaged property, and the mortgage contract shall take effect from the date of registration." In this case, C's house belongs to the property stipulated in Item (2) of Article 42 of the Guarantee Law, so the mortgage contract with this property as collateral must be registered before it takes effect. So the mortgage in this problem is invalid. (2) Paragraph 2 of Article 64 of the Guarantee Law stipulates: "The pledge contract shall take effect when the pledged property is delivered to the pledgee." The pledgee B in this question does not possess the pledged property, so the pledge in this question is also invalid. (3) To sum up, option B is correct.
24. Answer: A test center: the sale of ownership reservation, the establishment and realization of mortgage.
Analysis: the ancient paintings have been sold to Wen, and the mortgage has been established after the sale. Although the ownership reservation is agreed, Wen enjoys the right to obtain the ownership of ancient paintings, which takes precedence over the mortgage established later. Sun's behavior shows that he recognizes the right of Wen in ancient paintings. After paying the price, Wen obtained the ownership of ancient paintings, and item A was correct. Error B, because Sun has no right to realize the mortgage. Error C is because the mortgage is valid. Error D, because Coke didn't breach the contract.
25. answer: test site b: classification of debts
Analysis: Specific debt refers to the debt that the debtor should pay specific subject matter or pay specific services and rights. The debt of the "Black Beard" quartet in this topic is to sing its own songs, but the contract object is not specific, so it is not a specific debt. Therefore, item A is wrong. A single debt means that both the creditor and the debtor are the debts of only one person. In this topic, the "Black Beard" four-person singing group, as the signing subject, looks like four people, but in fact it is a single entity, so it is a single debt. So, option B is correct. The debt of choice is the debt that one party can choose according to the law or the agreement of the parties. Statutory debt refers to the debt arising from legal provisions. Obviously, this question is not about the selected debt, nor is it a legal debt, so item C.D. is incorrect. So, the answer to this question is B.
26. Answer: C test site: proper performance of debt
Analysis: The performance of the debt should follow the principle of proper performance, that is, the parties should fully and correctly perform the debt according to the provisions of the law or the contract. Option A should be jointly and severally liable, so it should meet all the requirements of creditors; B option Wang's painting and calligraphy is an exclusive personal act, which is invalid and violates the contract; Option D is under the age of 18, and is not qualified as an agent. To sum up, this question should choose item C.
27. Answer: A test site: the statutory obligations and responsibilities of directors, supervisors and managers to the company.
Analysis: According to Article 149 of the Company Law, directors and senior managers of a company shall not commit the following acts: (1) misappropriating company funds; (five) without the consent of the shareholders' meeting or shareholders' meeting, take advantage of his position to seek business opportunities belonging to the company for himself or others, and run the same business as the company for himself or others; (six) accept the entrustment of others and regard the transaction with the company as your own; (8) Other acts that violate the company's obligations. The income of directors and senior managers who violate the provisions on arrears shall be owned by the company. So the answer to this question is a.
28. answer: test center c: share transfer
Analysis: According to Article 142 of the Company Law, the shares of the Company held by the promoters shall not be transferred within one year from the date of establishment of the Company. Item d error. Note that this is an amendment to Article 147 of the original Company Law, and the transfer period of promoters is changed from three years to one year. The directors, supervisors and senior managers of the company shall report to the company the shares held by them and their changes, and the shares transferred each year during their term of office shall not exceed 25% of the total shares held by them, which is B-wrong. Article 143 of the Company Law stipulates that, except in special circumstances, a company may not purchase its own shares. The company may not accept the shares of the company as the object of pledge, so item C is correct and item A is wrong.
29. Answer: Test Site D: Procedures for the establishment of a joint stock limited company.
Analysis: China's "Company Law" has made strict provisions on the establishment of a joint stock limited company. Its establishment methods include initiating establishment and offering establishment. During the establishment of the offering, the promoters shall subscribe for the shares that the company should issue, and shall not be less than 35% of the total shares of the company. After the promoters pay the subscribed capital contribution, they can issue shares to the public, and then they should prepare a prospectus, sign an underwriting agreement and a share offering agreement, and apply for approval of the issuance with relevant legal documents. After the above-mentioned activities are completed, public offering will be held, and the founding meeting will be held to apply for establishment registration. These things are done one by one. Without the previous step, it is impossible to proceed to the next step, otherwise it is illegal. Refer to Articles 84.85.86.88.89.90 and 9 1.93 of the Company Law.
30. Answer: Test site B: Companies under establishment.
Analysis: According to the general theory of company law, the company under establishment does not have legal person qualification. If a company is established according to law, the rights and obligations arising from the actions in the process of company establishment shall be borne by the company. If the company is not established according to law, the promoters shall bear joint and several liability for their rights and obligations in the process of company establishment.
3 1. Answer: Test site C: Profit distribution of partnership enterprises
Analysis: Article 32 of the Partnership Enterprise Law stipulates: "The profits and losses of a partnership enterprise shall be distributed and shared by the partners according to the proportion agreed in the partnership agreement; If the partnership agreement does not stipulate the proportion of profit distribution and loss sharing, it shall be equally distributed and shared by all partners. The partnership agreement shall not stipulate that all profits shall be distributed to some partners or all losses shall be borne by some partners. " During the existence of a partnership, the investment made by the partners and the benefits obtained in the name of the partnership are the participation of the partnership. The accumulated property of a partnership is the property shared by all partners. It is worth noting that it is only accumulated property, not the property of the partnership. In addition, this kind of * * * is special, which is manifested as potential share, that is, during the existence of a partnership, partners shall not divide the property according to the share ratio, nor shall they decide the rights of partners to use, manage and execute the partnership affairs according to the share size. Only when the partnership enterprise distributes profits, the partnership enterprise quits and the partnership enterprise is dissolved, the share proportion has practical significance and serves as the basis for each partner to distribute profits and divide property.