北京四联2003年法律硕士串讲班民法模拟题(a卷)（Beijing four 2003 master of law class Chuanjiang civil law simulation questions (volume a)）

北京四联2003年法律硕士串讲班民法模拟题(a卷)（Beijing four 2003 master of law class Chuanjiang civil law simulation questions (volume a)） 北京四联2003年法律硕士串讲班民法模拟题(a卷)(Beijing four 2003 master of law class Chuanjiang civil law simulation questions (volume a)) Beijing four 2003 master of law class Chuanjiang civil law simulation questions (volume A) A judge, judge the following questions (the correct answer, the letters on the A card will be black, the wrong answer sheet on the letter B. 1 points for each question, 10 points 46, the subject of rights in any legal relationship is specific, only the subject of obligation has specific and non-specific points 47, citizens declared missing, the whereabouts of unknown 2 years starting from the date of the disappearance of citizen information () 48. The principal shall have the right to direct the re agent directly to the agent on the basis of the transfer agreement which is agreed by the agent 49, disposition is the core content of ownership, not all people may exercise the powers () 50, the adjacency relationship refers to the rights and obligations of the owner or the owner of the movable property, which is due to the exercise of the ownership or the right to use the movable property 51. If the obligor transfers all or part of the obligations of the contract to the third party, the obligor shall agree with the creditor. () 52. The withdrawal of the notice in the offer shall reach the offeree before the acceptance of the offeree's notice of commitment Since 53, the copyright works published from. () 54, the right subject of inheritance can only be citizens, not legal persons, other social organizations or countries. () 55, force majeure means unforeseeable and unavoidable. () Two, single choice (the four option is only one option is correct, please correct options on the answer card, the corresponding letter. 1 points for each question, 10 points 56, China's joint-stock limited company (take) A, B, criterion doctrine doctrine of strict standards of C, D, administrative permission Force Doctrine 57. A contract between Party A and Party B is signed by the two party Sure, A delay conditions of B, must lift conditions of C, D, final stage 58, a B agent for car trading, knowing that B agent acts illegal, but did not oppose, the resulting responsibility () A, by a bear B, borne by the B. C, two a and B are jointly and severally liable D, a responsibility, in part by the lack of payment B. 59, technology import and export contract dispute proceedings or arbitration proceedings (period) A, 1 years B, 2 years C, 3 years D, 4 years 60, there was a plow, B stolen at the market, sold to unwitting C, but lost the cattle was found in March, Ding outlier is the cattle breeding, who (all) A, a, B, B C, C D, Ding 61, the following property can be mortgaged is () A, state-owned land use rights B, kindergarten education facilities C, unclear property rights D, the property seized by the court 62, a company owed B company 100 thousand yuan payment. At present, the management of a company is not good enough to be annexed by B company, and the debts of a subordinate company are eliminated, and the cancellation of such debt is called () A, B, offset debt debt, debt performance of the hybrid C D, debt relief 63. The following contracts belong to practice A, a contract for the sale of B, C, D leasing contract a safekeeping contract, contract 64. Two party A and B conclude the contract of entrustment. A client designs the commodity appearance, but the patent is not clear in the contract. If there is any dispute, the design patent will be returned A, a and B all B all C, D, and total of all countries 65, Li, Zhu, a son and a daughter, son Li Jia, female Li Yi, female Li Yi early death, left a son Zhao, Li died, left personal property 100 thousand yuan, 100 thousand yuan how to inherit () A, Zhu and Li Yi have the right of inheritance, two equally B, Zhu all inheritance C, Li Jia has the right of inheritance, all the inheritance, Zhao right of inheritance D, Lee, Zhu and Zhao Mouyou inheritance, three equally Three, multiple choices (the four option is only one option is correct, please correct options on the answer card, the corresponding letter, more or less choose not to score. 1 points for each question, 10 points 66. The following are absolute rights A, B, C, intellectual property privilege personal rights, creditor's rights D 67, the declaration of death of the legal consequences after the revocation of the (). When the spouse of a person who has been declared dead has his spouse died again after the remarriage, the husband and wife relationship will resume on the date of the revocation of the declaration of death by the people's Republic of China (A). Where the child is adopted by others in accordance with law during the period of declaration of death, the declared death person may claim that the adoptive relationship is invalid without the consent of himself. (B). C, declaration of his death has been revoked shall have the right to request the return of property D, have the capacity for civil conduct in the civil legal act is declared invalid during the death. The legal reason 68, the interruption of prescription () The A, B, arbitration request of the obligation of delayed payment, C, D, requests the people's mediation 69, the following description about the lien right there () A, lien is based on the direct provisions of the law, without the special agreement between the parties B, lien debt secured by the subject's lien C, began to exercise a lien from debt discharge period when the world D, both parties can stipulate in the contract shall not be liable for any debt of the subject matter of lien 70, the debtor can use the deposit contract situation is () A, the creditor refuses to B, the obligee is missing without justifiable reasons C, death and not determine its creditors legitimate successor D, creditors to travel abroad 71. The following acts belong to the offer A, sent price list B, C, D auction announcement prospectus, vending machine 72, the processing contract is () A, B, C paid contract practice contract, bilateral contract D, both paid and free 73, the following can not be registered as a trademark () A, "warm" brand sweater B, "Qianhui" brand refrigerator C, sharp knife D, "Washington" brand underwear 74, Wang since after the death of her husband and mother-in-law have been living together, make a major maintenance obligations. Wang Mouyou, a son of huang. After Wang's father-in-law died () A, Huang can inherit his father's share of subrogation inheritance, Wang no right of inheritance Wang B, can be used as the first order heir, Hwang shall not inherit in subrogation Wang C, can be used as the first order heir, Hwang inherit in subrogation D, Wang can share some of the property belonging to the appropriate person, but no right of inheritance 75, the following is the return of the original case, the () A Zhang, Hemou borrowed from the watch to unsuspecting Zhao, Zhao Mou for return B, Lee stole a necklace of yellow to his girlfriend Niu, cattle unknowingly received, and Hwang was asked to return a cow C, in a borrowed where a pen, accidentally lost, Hemou requirements in a return of the pen D, Zhu Zhang for save a painting of a cow accidentally stolen, Zhang asked to return the paintings Four, compare the following concepts (write the answer in the corresponding position on the answer sheet. 5 points for each question, 15 points 76, usufructuary right and security privileges (the main rights and property and real property from the property, dynamic) 77. Invitation to offer and offer 78. Wills and Legacies Five, analysis of the title (write the answer on the answer sheet corresponding position. 10 points in question A / B two company signed a contract for the sale of rice, because the company has no inventory, B in order to fulfill the contract and buy the company's rice and signed second sales contracts, due to the failure of delivery, B a breach of contract against a.. A request B to assume liability for breach of contract, but B think he is not fault, because the company's breach of contract only lead to breach of contract, so that a should find the responsibility for breach of contract. The civil law principle is used to analyze this problem. Six, the law analysis questions (written answer in the answer sheet to the corresponding position. 10 points in question 79, the "contract law" provisions of Article 42: "if one of the following circumstances in the process of concluding a contract, thereby causing loss to the other party, it shall be liable for damages: (1) under the guise of contract, malicious consultation; (2) deliberately concealing important facts relating to the conclusion of the contract (or providing false information; 3) other acts in violation of the principle of good faith." Seven, case analysis problem (write the answer on the answer sheet corresponding position. 10 points in question 80, a, B, C three partners set up a company, the three agreed, a grant 200 thousand, B contributed 100 thousand, C with their store price 200 thousand yuan, three agreed profit allocation ratio of 2:1:2. After the establishment of the company, a partner without permission to engage in transactions to make a partnership loss of 100 thousand yuan, three of the debt assumed disputes. (1) C does not participate in the operation and management, whether as a partner, why? (2) the authorization to carry out transactions on behalf of a partnership, The other partners about whether the loss of responsibility? Why? (3) three person liability disputes should be handled? Answer First, the judgment question 46, 47, 48, 49, on the wrong wrong wrong 50, 51, 52, 53 to 54, the wrong, wrong, wrong 55 Two, single choice questions 56, C 57, D 58, C 59, D 60, A 61, A 62, B 63, C 64, B 65, D Three. Selection of indefinite items 66, ABC 67, C 68, ABCD 69, ABD 70, ABC 71, D 72, AC 73, ACD 74, C 75, B Four. Compare the following concepts 76, answer: usufructuary right refers to the object of the use and income for the purpose of the establishment of the limited property rights; security interest refers to the realization of the secured creditor's right to establish the limited property rights. The difference is: (1) the purpose of setting up different (on) (2) is the main right of usufructuary right independence, guarantee right is usufructuary property (3) from the subject matter for the real estate, the latter (4) or the object of the right form of value if the influence of change of rights the different (P288) 77, answer: offer is one party to the other party's intention to sign a contract with each other. An invitation is a party to make others want him to offer the direction of their meaning. The difference between the two is: (1) the offer has the purpose of contracting, an invitation is that he his offer (2) offer once issued, have a certain binding force on the offeror and offeree, and offer generally not binding (3) offer content along specific, with the main the terms of the contract, and an invitation to the requirements (4) offer principle to send out to the specific person, but an invitation can be issued to a specific person, can also be sent to specific people. (P330) 78, answer: will is a citizen before his death to dispose of his property and arrangements related matters, and after the death of the unilateral and act. Bequest is the civil juristic act that the testator gives the property gratis to the people of the state, the collective or the legal heir and the death of the testator after the death of the testator. The difference between the two is: (1) the scope of legator and testamentary succession of different people (on) (2) the scope of rights and inheritance rights bequest object different (on) (3) by way of exercising the right to bequeath and testamentary succession rights with different (on) (P399) Five. Discrimination questions Answer: B two people contract belongs to creditor's rights legal relationship. According to the principle of debt law, debt is the request of civil legal relationship between certain persons for specific behavior. The creditor's right is relative, and the creditor can only claim the particular debtor for certain behavior or not for certain action, but cannot claim the creditor to the third party other than the debtor. The 21 article of the contract law of the PRC stipulates that "one of the parties shall settle the dispute between the third parties according to the law or in accordance with the agreement."." According to this article, the debtor should still be liable for breach of contract due to the third party's behavior, and the creditor can only ask the debtor to bear the liability for breach of contract. Therefore, it is wrong to B, B should bear the liability for breach of contract to Party A. Six. Article of law analysis 79, answer: This article is the provisions of the liability for negligence in contracting, the purpose is to maintain the principle of good faith, the use of contracting negligence of the parties liable for damages. Contracting negligence responsibility refers to a party due to the occasion of contracting negligence, Breach of the pre contract obligations, resulting in the contract is not established, invalid or revoked, and the other party liable for damages. Including its formation conditions: (1) there must be contract is cancelled or invalid, the fact that (2) to a fault (3) shall be subject to the other party suffered losses (4) there is a causal relationship between the loss and the other to be negligent party behavior (above outline). The legal consequence of the fault liability of the Contracting Party: the party who has the fault should compensate the loss suffered by the other party. If both parties are at fault, they should bear the responsibility to the other party according to the degree of fault. The scope of compensation including direct and indirect losses. Direct losses (1) contracting costs (2) to perform the contract and the reasonable expenses of. The indirect loss of the victim loss and third people under the contract caused by the loss of opportunity. Seven, case analysis 80, answer: (1) C is a partner. According to the 46 article of the opinion, citizens provide funds or objects in accordance with the agreement, and agree to participate in the partnership surplus distribution, but do not participate in partnership work as a partner. (2) other partners should bear the responsibility. According to the 34 article of the general principles of civil law, the partnership shall be responsible for the civil liability of all the partners. (3) three according to foreign investment proportion shall bear unlimited joint liability. If a person is in fault of a partnership loss, he shall increase the share of liability according to the extent of his fault and bear the liability exceeding his own share, and may recover from the other partners in accordance with the law.