A. Li inherited a house from his father, and later Li sold it because of debts
B. Zhang and Wang entered into a contract to buy and sell computers, and later Zhang failed to deliver the computers on time, so Wang refused to pay
C. Liu entrusted Wu Mou to buy women's clothes on his behalf. Later, Wu Mou saw that the men's clothes produced by Hongsheng Garment Factory were good, and signed a contract with Hongsheng Garment Factory to buy and sell men's clothes. The contract was ratified
D. Fenghua Company was unable to perform the processing contract with Vida Company due to the failure of machinery and equipment, so it claimed to change the contract with Vida Company
Correct answer: C
Answer analysis: this question examines the right to form. The right of formation is the right of the obligee to change the legal relationship between himself and others according to his unilateral meaning. Option a belongs to dominance; Option b belongs to the right of defense; In option D, Fenghua Company's unilateral claim to change the contract cannot directly change the legal relationship.
2. Which of the following options is a civil legal act? ()
A. A 1-year-old student Zhou went to a supermarket to buy a laptop.
B. Regal Lin signed a written gift contract to donate his property in a certain place to Sunshine Hope Primary School.
C. Vendor Wang sold his own radish to a large supermarket as ginseng.
D. Hua and Yang signed an agreement to buy and sell a batch of guns and ammunition.
Correct answer: b < Article 55 of the General Principles of Civil Law stipulates that a civil juristic act shall meet the following conditions: (1) the actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the law or the interests of the public.
option a does not belong, because the actor lacks the corresponding civil capacity.
option c does not belong, because it belongs to counterfeiting.
option d does not belong, which is against the law.
3. Li Shan sold a batch of cows to Wei Wu. Both parties agreed that Li Shan would deliver the cows to Wei Wu in his cattle farm on November 4, 29, and Wei Wu would pay Li Shan one month later. A month later, Wei Wu didn't pay, and Li Shan was too busy with other things. On July 4, 211, Li Shan was injured in a car accident and became a vegetable. His relatives had a dispute over who should be his guardian. It was not until August 4, 211 that Li Hua was appointed as Li Shan's guardian. On February 3, 212, when Li Hua cleaned up Li Shan's property, he found that Wei Wu's debt had not been recovered, so he claimed rights from Wei Wu, because Wei Wu thought that the limitation of action for the debt had expired and he was unwilling to repay it. Then, according to the law, what is the limitation period for Li Shan to ask Wei Wu to repay his debts? ()
A. December 4, 21
B. December 4, 211
C. January 4, 212
D. February 4, 212
Correct answer: C
Answer analysis: this question examines the suspension of the limitation of action. During the last six months of the limitation of action, if the obligee is unable to exercise his rights due to other obstacles, the limitation of action shall be suspended. As a result of the suspension of the limitation of action, the time elapsed during the cause of suspension is not included in the limitation period, and the limitation of action will continue to be calculated after the cause is terminated. The continued calculation shall be subject to the remaining limitation period.
4. At the end of 211, in order to get married, Zeng bought a pre-sale house from the developer Shunda Company and paid 5% of the house price. In order to prevent the developer from reselling the house again, on January 1, 212, Zeng went to the relevant department to handle the advance notice registration. On March 1, the house was completed, and the real estate license could be applied, but Zeng was too busy with company affairs to go to the real estate department for registration. On August 1st, Shunda Company sold the house to Xue, who didn't know it, and registered the property. On August 4th, Xue moved into the house. Which of the following statements is correct? ()
A. Because Zeng has registered the advance notice, the developer's behavior of buying and selling the house without authorization is invalid
B. Because Zeng has registered the advance notice, Xue can't obtain the ownership of the house according to the bona fide acquisition system
C. Zeng's advance notice registration has expired, and Xue can obtain the ownership of the house
D. Suppose that the house was damaged and lost due to lightning on August 3, and the risk. Article 2 of the Property Law stipulates that the parties may apply to the registration agency for advance notice registration in order to ensure the realization of property rights in the future when they sign an agreement on buying and selling houses or other real estate rights. After the advance notice registration, if the real estate is disposed of without the consent of the obligee of the advance notice registration, the real right effect will not occur. After the advance notice registration, the creditor's rights are extinguished or the application for registration is not made within three months from the date when the real estate registration can be carried out, and the advance notice registration is invalid.
option a is wrong and option c is correct. The advance notice registration handled by Zeng on January 1, 212 has been able to handle the real estate registration procedures by March 1, but it has not been handled for other reasons. By August 1, the three-month deadline has passed. Therefore, if the advance notice registration is invalid and the developer disposes of the real estate, the real right effect will occur.
option b is wrong. Xue can get the ownership, but not based on good faith, but based on the sales contract, because at this time the developer has the complete right to dispose of the house.
option d is wrong. Article 142 of the Contract Law stipulates that the risk of damage or loss of the subject matter shall be borne by the seller before delivery and by the buyer after delivery, unless otherwise stipulated by law or agreed by the parties. According to this, the risk of damage and loss of the house will be transferred from the delivery date, and the house has not been delivered to Xue Mou on August 3, and the risk should be borne by Shunda Company.
5. Under which of the following circumstances can Wu Mou claim bona fide acquisition of ownership? ()
a. Tang signed a trial sale contract with Chen Mou, and gave a cow to Chen Mou for trial cultivation. Chen Mou sold it to an unsuspecting third person, Wu Mou, in his own name, and for the delivery of < P > B. Qianmou kept a set of exquisite ancient books for Sun, and his friend Wu Mou celebrated his birthday. Qianmou lied that he bought the stamp with his own savings and gave it to Wu Mou, and for the delivery of < P > C. Mamou borrowed a set of "Up and Down for Five Thousand Years" from the library, painted it on the library, and sold it to unsuspecting Wu Mou at a reasonable price. According to the first paragraph of Article 16 of the Property Law, acquisition in good faith should meet the following requirements: (1) The transferor is a person without the right to dispose; (2) The transferee is in good faith when accepting the real estate or chattel; (3) Transfer the subject matter between the transferor and the transferee at a reasonable price; (4) The transferred immovable property or movable property that should be registered according to the law has been registered, and the transferred immovable property or movable property that does not need to be registered has been delivered to the transferee.
option a is wrong. According to the provisions of Article 171 of the Contract Law, if Chen Mou punishes the subject matter of the trial sales contract, it is deemed that it agrees to purchase the subject matter. Therefore, its punishment of the cattle is entitled to punishment. Therefore, Wu Mou's ownership of cattle is based on the sales contract, not the bona fide acquisition system.
option b is wrong. Qian gave Wu Mou what Sun kept for free, but Wu Mou didn't accept it at a reasonable price, so he couldn't get it in good faith.
option d is wrong. According to Article 17 of the Property Law, the system of bona fide acquisition is not applicable to finding lost property. Therefore, Wu Mou cannot claim bona fide acquisition of the ownership of the wallet.
6. On December 1, 211, "Hongxin" property management company provided property services for "Fenghua" residential area. On April 5, 212, there was a dispute between the owner and the property management company, and the two sides argued endlessly and finally appealed to the court for settlement. Which of the following requirements put forward by the owners can be supported by the court? ()
A. The property contract stipulates that the property company only collects cleaning fees for environmental protection, and later the property company collects sanitation fees, sewage charges and garbage disposal fees, which are repeated charges, and these fees charged in violation of regulations should be refunded.
B. The security of the community has been good and no cases have occurred. Therefore, it is not necessary for the property company to provide security work. Owners should not pay the security maintenance fee to the property company
C. An owner, Wang, rented his house to Liu, and both parties agreed that Liu would pay the property fee. Therefore, the property company should not ask Wang and Liu to bear joint liability for the property fee owed by Liu.
D. The previous property service contract was signed between the construction unit and the property service company, and the owners were not parties to the contract, so the contract is not binding on the owners. Option a is correct. Article 5 of the Interpretation of the People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that if a property service enterprise violates the property service contract or the provisions of laws, regulations and departmental rules, it expands the scope of charges, raises the charging standard or charges repeatedly without authorization, and the owner raises a defense on the grounds of illegal charges, the people's court shall support it. If the owner requests the realty service enterprise to refund the illegal fees it has collected, the people's court shall support it.
option b is wrong. Article 6 of the Interpretation of the People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that if the owner refuses to pay the property fee without justifiable reasons or fails to pay the property fee within a reasonable period of time after being urged in writing, the people's court shall support the request of the property service enterprise to the owner to pay the property fee. Property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's court will not support the owner's defense only because he does not enjoy or need to accept relevant property services.
option c is wrong. Article 7 of the Interpretation of the People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that if the owner and the lessee, borrower or other property user of the property agree that the property user will pay the property fee, and the property service enterprise requests the owner to bear joint and several liability, the people's court shall support it.
option d is wrong. Article 1 of the Interpretation of the People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that the preliminary property service contract signed by the construction unit and the property service enterprise according to law and the property service contract signed by the owners' committee and the property service enterprise selected by the owners' congress according to law are binding on the owners. If the owner raises a defense on the grounds that he is not a party to the contract, the people's court will not support it.
7. Luo mortgaged a house worth 1, yuan and borrowed 8, yuan from Hao. During the mortgage period, Luo rented the house to Miao. Because Miao forgot to turn off the gas, the house caught fire and the house depreciated by 2 thousand yuan. What kind of rights does Hao have in this regard? ()
A. Ask Miao to pay him compensation of 1, yuan
B. Ask Luo to repay in advance
C. Ask Luo to auction the house and deposit the price
D. Ask Luo to deposit the 2, yuan that Miao compensated him
Correct answer: D
Answer analysis: this question is to assess the mortgage. Article 193 of the Property Law stipulates that if the mortgagor's behavior is enough to reduce the value of the mortgaged property, the mortgagee has the right to ask the mortgagor to stop his behavior. If the value of the mortgaged property is reduced, the mortgagee has the right to demand the restoration of the value of the mortgaged property or provide a guarantee corresponding to the reduced value. If the mortgagor fails to restore the value of the mortgaged property or provide guarantee, the mortgagee has the right to require the debtor to pay off the debt in advance.
Paragraph 2 of Article 51 of the Guarantee Law stipulates that if the mortgagor has no fault in reducing the value of the collateral, the mortgagee can only ask for a guarantee within the scope of compensation obtained by the mortgagor for the damage. The part of the mortgaged property whose value has not been reduced shall still be used as the guarantee of the creditor's rights.
article 8 of the interpretation of the security law stipulates that the mortgagee may be given priority in compensation for the insurance money, compensation or compensation of the mortgaged property in case of loss, damage or requisition. If the mortgage is lost, damaged or expropriated, and the creditor's rights secured by the mortgage are not paid off, the mortgagee may request the people's court to take preservation measures for insurance money, compensation or compensation.
options b and c are wrong. According to the above regulations, after setting the mortgage on the house, Luo rented the house to Miao. Because Miao inadvertently caused the house to depreciate, Luo was not at fault, so Hao had no right to ask Luo to repay in advance, or to ask Luo to auction the house and deposit the price.
option a is wrong. Miao was liable for compensation to the lessor Luo because he accidentally burned the rented house, but he didn't mean to infringe Hao's mortgage, and he was not liable for compensation.
option d is correct. Article 174 of the Property Law stipulates that during the guarantee period, if the secured property is damaged, lost or expropriated, the owner of the secured property may be given priority in compensation for the obtained insurance money, compensation or compensation. If the performance period of the secured creditor's rights has not expired, the insurance money, compensation or compensation can also be deposited. For Miao's compensation of 2, yuan for Luo, it is the transformation of the value of the mortgaged house. Since the creditor's rights have not yet expired, Hao has the right to request Luo to deposit the compensation.
8. Tianyu Automobile Maintenance Factory wants to borrow 1 million yuan from the bank to purchase automobile maintenance equipment in order to expand its production scale. The bank asked Tianyu Automobile Maintenance Factory to provide a guarantee. Considering that the registered trademark owned by the automobile maintenance factory has a high reputation, the two parties negotiated to pledge the property right in the exclusive right of the registered trademark as a guarantee for returning the loan. The two parties signed a written pledge contract, but they did not register it. Three months later, another built auto repair factory in the neighboring county found Tianyu Factory and proposed to use its registered trademark and pay the corresponding usage fee. Because Tianyu Factory often signs similar trademark licensing contracts, it signed a trademark licensing contract with the completed factory after it met the corresponding standards. After learning this situation, the bank thought that the licensing behavior of Tianyu Automobile Maintenance Factory violated its pledge right, and the two sides had a dispute. Which of the following statements is correct about this case? ()
A. Pledge contract is not effective, license contract is valid
B. Pledge right is established, trademark license right is established
C. Pledge right is not established, trademark license right is not established
D. Pledge contract is effective, license contract is valid
Correct answer: D
Answer analysis: this question examines the pledge right. Options a and b are wrong. Paragraph 1 of Article 227 of the Property Law stipulates that if the property rights in intellectual property rights such as the exclusive right to use a registered trademark, patent right and copyright are pledged, the parties concerned shall conclude a written contract, and the pledge right shall take effect when the relevant competent department handles the pledge registration. It can be seen that the pledge contract in this question has come into effect, but the pledge right has not been established because it has not been registered.
option c is wrong and option d is correct. Paragraph 2 of Article 227 also stipulates that after the pledge of property rights in intellectual property rights, the pledgor shall not transfer or license others to use them, except with the consent of the pledgor and the pledgee through consultation. The pledgor shall pay off the creditor's rights or deposit the proceeds from the transfer or licensing of the pledged intellectual property rights to others in advance. As the pledge has not been established, this provision does not apply. Tianyu automobile maintenance factory can completely license others to use their legally registered trademark exclusive right.