1. Single-choice questions (there are 30 small questions in this big question, each small question 1 point, a total of 30 points) Only one of the four options listed in each small question meets the requirements of the topic. Please fill in the code in brackets after the question. Wrong selection, multiple selection or no selection will not be scored. 1. Among the following legal facts that cause the emergence, alteration and extinction of civil legal relations, those that belong to civil legal acts are () A. Birth of a person B. Death of a person C. Time goes by D. Signing of a contract 2. A company's business personnel have their household registration in Beijing, their spouses in Shanghai and their parents in Guangzhou. On June 5438+ 10, 2003, Party A was appointed by its company to explore the market in Shenzhen, and Party A had no habitual residence in Shenzhen. At this time, the domicile of natural person A in the sense of civil law is () A. Shenzhen B. Beijing C. Shanghai D. Guangzhou 3. After A was declared dead, his wife B married C. A year later, C died. At the same time, B learned that A was still alive. After telephone contact, Party B applied to the people's court to revoke the death declaration of Party A. After the death declaration of Party A was revoked, the marriage relationship between Party A and Party B (A) was regarded as self-recovery. B. recover by itself with the consent of party a. C. not self-recovery. D. recover by itself with the consent of party b. Party a wants to open a restaurant and invites chef b to join us. The agreed profit is 37 points, 7 points for A and 3 points for B.. In the first year, the hotel made a lot of profits, with a profit of 37 points, a profit of 350 thousand yuan and a profit of 6.5438+0.5 million yuan. In the second year, if there is a food poisoning incident in the hotel, the customer must be compensated for a loss of 500,000 yuan. () A. Party A shall compensate B. Party B shall compensate C. Party A and Party B shall each compensate 250,000 yuan D. Party A and Party B shall jointly compensate 5. Among the following things, () A. Cultural relics B. Mineral resources C. Water flow D. House 6. Party A and Party B have signed a contract. As stipulated in this contract, after Party A moves into a new house, it will lease the house where Party A lives to Party B. This kind of civil behavior belongs to () A. Civil behavior with delay conditions B. Civil behavior with termination conditions C. Civil behavior with initial period D. Civil behavior with termination period 7. Party A and Party B sign a written contract, stipulating that Party A will keep Party B's color TV and Party B will pay Party A 300 yuan. This behavior belongs to () A. Paid civil juristic act B. Free civil juristic act C. Unilateral civil juristic act D. Unilateral civil juristic act 8. Due to studying abroad, Party A temporarily gave all its scanners to Party B for safekeeping and allowed Party B to use them during the custody period. Two years later, A has found a job abroad, and the scanner kept by B is basically a product that will be eliminated because of its rapid upgrading. So, B took the initiative to sell the scanner in the name of A, and C bought it at a fair price. B The behavior of selling scanners belongs to () A. Authorized agency behavior B. Unauthorized agency behavior C. Apparent agency behavior D. Beyond agency behavior 9. The creditor's agent requests the debtor to perform the due debt, which will legally cause () A. Interruption of the limitation of action B. Interruption of the limitation of action C. Extension of the limitation of action D. Interruption of the limitation of action 10. A road passed by C's house and found one in front of C's house. B happened to pass by C's house at this time. Because A ran fast and was not bitten by a dog, B was bitten by a dog, which cost 500 yuan medical expenses. According to the investigation, the dog is owned by Ding Jia. The persons liable for Party B's losses are () A, B, C, C, D, D, 1 1. Party A has a suit lent to him by Party B, and then Party A and Party B agree to sell it to Party A, and the ownership of the suit will be transferred to Party A from the date when the sales contract is established. This delivery method is called () A. Realistic delivery B. Simple delivery C. Indicative delivery D. Possession is changed to 12. According to the classification standard of objects in the principle of civil law, the following options do not belong to the relationship between subject and object: () A. Lock and key B. Car and spare tire C. Shirt and trousers D. TV and remote control 13. May 4, 2003. Party A borrows 2000 yuan from Party B and signs a written pledge contract, stipulating that Party A will deliver a pregnant cow to Party B as a pledge on June 1 of the same year, and Party A will deliver it as scheduled. On July 2nd, the cow gave birth to a calf. Among the following options, (a) the effective date of the pledge contract is May 4, 2003; B) The effective date of the pledge contract is June, 2003 1 day; C) The effective date of the pledge contract is July 2, 2003; D) The calf born from the cow as pledge shall be owned by Party B 14. On March, 2003 1 day. Later, because of rising house prices, C was willing to buy all the houses in A at a higher price. On April 1 2003, Party A and Party C signed a house purchase and sale contract, and immediately went through the house transfer registration procedures. The property owners are () Party A, Party B, Party B, Party C, Party D, Party B and Party C 15. The two sides signed a contract, stipulating that Party A would pay Party B 80,000 yuan to occupy the private two-bedroom apartment, and after three years, Party B would return Party A 80,000 yuan, and Party A would return Party B's private two-bedroom apartment. According to the contract, Party A's rights to Party B's private two-bedroom suite are () a. easement b. usufruct c. lease d. pawn 16. When there are several mortgages on the same collateral, there is a certain order. The following statement is wrong: (a) Whether the mortgage is registered or not, the time when the mortgage contract is signed shall prevail. B. If mortgage registration is an effective requirement of mortgage right, it shall be paid in the order of mortgage registration. C. If mortgage registration is not an effective requirement of mortgage, the registered mortgage has priority over the unregistered mortgage. D the order of unregistered mortgage shall be based on the time when the mortgage contract is signed. Company A borrows 654.38 million yuan from Credit Cooperative B for a period of one year. After the loan contract expires, Company A is unable to repay the loan principal and interest due to poor management. However, Company C owes Company A 200,000 yuan due, and Company A doesn't take the initiative to claim payment from Company C ... Therefore, () A.B. Credit cooperative can request the court to enforce C.B. Credit cooperative should request the court to enforce C.B. Credit cooperative can't directly accept C.D.B. Credit cooperative can request C.C. company to pay off 200,000 yuan to itself. Among the following facts, those that can generate unjust enrichment debts are: () A. Adopting children to support biological parents. B. the debtor pays off in advance. Unpaid debt C. The newspaper delivery man mistakenly put the newspaper ordered by Wang into the newspaper box of Wang's neighbor Zhang Jia 19. Zhang works in the field, and his house is in disrepair. It coincides with the heavy rain. If not repaired in time, it will inevitably lead to the collapse of the house. In order to avoid the collapse of the house, Zhang's neighbor, Wang, withdrew an unexpired time deposit 1000 yuan from the bank and asked someone to repair Zhang's house. Because of the heavy rain, the house didn't collapse, but it still leaked. In this regard, the following statements are correct: (1) Only Zhang is required to repay 1 10,000 yuan; (b) Ask Zhang to repay RMB 65,438+0,000 and the interest loss on the deposit withdrawn in advance; (c) Wang has no right to ask Zhang to repay any expenses, because the house is still leaking; (4) RMB 65,438+0,000 yuan contributed by Wang, which was jointly contributed by Zhang and Wang; (20) Wang rented three tile houses to Li. During the lease period, Wang and Zhang signed a sales contract for three tile houses. The following statement is correct: () A. The house sales contract signed by Wang and Zhang is invalid because Wang did not get Li's consent. 2. If Zhang buys the house, he has the right to decide whether to continue to perform the original house lease contract between Wang and Li. Does not affect the validity of the house lease contract between Wang and Li. 4. Whether the house lease contract between Wang and Li continues to be performed requires a court decision. 2 1. The elimination of debt refers to () A. Change of debt B. Termination of debt C. Suspension of debt effectiveness D. Transfer of debt 22. Among the following types of debts, those that are not legal debts are () A. debts of negotiorum gestio B. debts of contracts C. debts of contracting negligence D. debts of tort damages 23. Wang made four wills to deal with his inheritance before his death. The first one is a will written by myself; The second is a notarized will written by others; The third is a recorded will, witnessed by several street cadres; The fourth is an oral will at the end of life, witnessed by doctors and nurses. After the death of the king, his heirs disputed the contents of the four wills, and their contents and forms were in accordance with the law. According to the Inheritance Law, which will should inherit Wang's estate? () A Part I B Part II C Part III D Part IV 24. The following statements about the characteristics of inheritance right are correct: () A. The inheritance right in the objective sense is a vested right B. The inheritance right in the subjective sense is a vested right C. The inheritance right in the subjective sense is a right of expectation D. The inheritance right in the objective sense is not exclusive. 25. Li left a legacy of 65438+. Among them, Li's eldest son and youngest son each inherited 30,000 yuan according to the law, Li's youngest son inherited 30,000 yuan according to Li's will, and Li's nephew received 6,543,800 yuan as a legatee. Li owed 50,000 yuan before his death, so this debt () A. was fully repaid by the legal heir. B. Repayment shall be made jointly by the legal heir and the testator. C. the testator and the legatee shall jointly repay. D. Repayment shall be made by three parties in proportion. 26. Wang is a salesman of Company A. He promised to keep the business secrets of Company A. Later, Wang was dissatisfied with the manager of Company A and leaked the business secrets of Company A to Company B. For Wang's behavior, Company A can only ask Wang to bear tort liability. Company A can only ask Wang to bear breach of contract liability. Company C can ask Wang to bear tort liability or breach of contract liability. Company D can claim tort liability and breach of contract liability from Wang at the same time. 27. Among the following tort liability principles, those that do not belong to the tort liability principle stipulated in the General Principles of Civil Law of our country are () A. Fault liability principle B. Equivalent compensation principle C. No-fault liability principle D. Fair liability principle 28. One night, cyclist A accidentally fell into a pit dug by a road, causing injuries to drivers and bad guys. There is no fence around the pit and no red light is placed. Later, it was found out that the pit was dug by a road repair team hired by Wang. Party A's losses () A. Should be borne by a road construction team B. Should be borne by Wang C. Should be jointly and severally liable by a road construction team and Wang D. Should be jointly borne by a road construction team and Wang 29. Zhao has a horse. It scares easily. One day, Li borrowed Zhao's malamai, and Zhao didn't tell Li the characteristics of the horse. In the process of using Malamai, Li was attacked by heavy rain and lightning. Zhao's horse was frightened and ran wildly, and hurt the pedestrian king. For the damage to Wang, it should be () A. Zhao should bear the responsibility. Li should be responsible. C. Zhao and liying are jointly and severally liable. D. Li is mainly responsible, and Zhao is also responsible. 30. the time of inheritance is () a. when the estate is determined, b. when the estate is divided, and c. when the decedent dies. When the heir agrees, 2. Multiple-choice questions (5 questions in total) 10 points) Two to five of the five options listed in each sub-question meet the requirements of the topic. Please fill in the code in the brackets after the title. Wrong selection, multiple selection, less selection or no selection do not score. 3 1. A survived for three years after being declared dead by the people's court. The people's court revoked the death declaration of A according to A's application, but A's wife B married C after inheriting A's house during A's death, and her son was adopted by Ding and went through the adoption procedures. Father's legacy includes a computer and a color TV, of which the color TV has been purchased by a third person. Now Party A has made the following requests to the people's court, among which the people's court can't support them: (1) The marriage relationship between Party B and Party C is invalid, and Party A and Party B resume the marriage relationship on their own; The house inherited by Party B shall be returned; Without the consent of Party A, the adoption relationship between Party C and Party D is invalid; And shall return a computer inherited by Party D and Party E; Color TVs purchased by third parties shall be returned; 32. Under the following circumstances, what can lead to the termination of the partnership is () A. The reasons for dissolution agreed by the partnership appear B. All partners unanimously agree to dissolve C. There is only one partner. D. The purpose agreed in the partnership agreement cannot be achieved. E. The purpose agreed in the partnership agreement cannot be achieved. 33 .a Give the mobile phone to B for safekeeping before going on a business trip. During Party A's business trip, Party B resold the mobile phone to Party C, and Party C accepted the mobile phone and paid a reasonable price without knowing that it was owned by Party A.. In this regard, the following statements are correct: () A. Party A shall not ask C to return the mobile phone. B. Party A can ask Party C to return the mobile phone. Party C shall compensate the losses caused by Party A, and Party B's behavior constitutes no right to dispose of it. E. C obtains the ownership of the mobile phone from B through business. Belonging to bona fide acquisition 34. Among the following rights, the usufructuary right is () A. Neighboring right B. Easement right C. Superposition right D. Contractual management right E. Mortgage right 35. Among the following obligations related to the debtor, the incidental obligations include (a) Fragile goods sold in shopping malls should be properly packed. B. In case of force majeure, the debtor shall promptly notify the creditor of the situation. An agent should not disclose the business secrets of customers. D. the taxi driver should not pick up others on the road after picking up the guests. E. If the debtor delivers instruments and equipment, it shall inform them of the assembly and use methods. 3. Short answer questions (5 questions in this question, 6 points for each sub-question, a total of 30 points) 36. 37. Briefly describe the legal characteristics of pawning right. 38. Briefly describe the legal significance of distinguishing bona fide possession from malicious possession. 39. Briefly describe the applicable conditions of testamentary succession. 40. Briefly describe the elements of offset. Fourth, the essay question (this question 10) 4 1. Try to describe the meaning and types of civil acts with undetermined effectiveness, and briefly explain them with examples. V. Case analysis questions (there are 2 small questions in this big question, and each small question scores 10, totaling 20 points) 42. Party A, Party B and Party C jointly run a coffee shop, which has been approved for registration and has a brand name. As stipulated in the partnership agreement, Party A is the executor of the partnership affairs, and the surplus will be shared equally, and the loss will be borne by Party A alone. The coffee shop has been operating for one year, with a debt of 60,000 yuan, and the creditor is Ding. At this point, Party A asked to quit, and Party B and Party C agreed. It is found that Party B's personal assets are 30,000 yuan, while Party B owes 40,000 yuan. Q: (1) Is it valid or invalid for Party A, Party B and Party C to agree that the losses of the partnership enterprise shall be borne by Party A alone? Why? (2) Can D ask Party A to pay off the partnership debts? Why? (3) How should Party B pay off the personal debt owed to Party E? Why? 43. Guo Yuhua lived alone in his later years. On June 1998 10 1 day, the local neighborhood committee in Guo Yuhua signed a legacy support agreement with him to take care of him. The agreement stipulates that the residents' committee shall undertake the obligations of living, raising and burying Guo Yuhua. Guo Yuhua bequeathed his house to the residents' committee. Since then, the residents' committee has been supporting Guo Yuhua. On May, 200 1 year 1 day, a will was made, and the house was designated by his brother Guo Jicheng. On February 1 2002, Guo Yuhua died of illness and was buried by the residents' committee. When dealing with the left-over house, Guo asked to inherit the house with his brother's will, but the neighborhood Committee did not agree. In case of dispute, both parties shall bring a lawsuit to the people's court. Q: (1) When did the legacy support agreement in this case come into effect? When will the inheritance take effect? Why? (2) Is Guo Yuhua's will valid on May 1 2006? Why? (3) Who can get the house ownership in this case? What is the basis?