2022 The real questions and answers of the second architectural law exam 1 According to the Civil Code, the following subjects belong to legal persons ().
A. the project management department of the construction enterprise
B.b foundation
A branch of c c company
D. Business leaders
Answer b
Analysis B option belongs to non-profit legal person, and ACD does not have independent legal person qualification.
2 Regarding civil agency, the correct statement is ().
A. all civil legal acts can be represented.
B. the agency authority of the agent is not restricted.
An agent carries out a civil juristic act in his own name.
D. the legal consequences of agency behavior belong to the principal.
Answer d
Error in option A: According to the provisions of the Civil Code, civil subjects can carry out civil legal acts through agents. In accordance with the provisions of the law, the agreement of the parties or the nature of civil legal acts, civil legal acts that should be implemented by themselves shall not be represented. B. C. Wrong choice: According to the provisions of the Civil Code, the civil legal acts carried out by the agent in the name of the principal within the scope of agency authority are effective for the principal.
3 belongs to the usufructuary right is ().
A. Land ownership
easement
Real estate mortgage
lien
Answer b
The analysis of usufructuary right refers to the right of the obligee to possess, use and benefit the real estate or movable property owned by others according to law. The usufructuary right includes the right to contracted management of land, the right to use construction land, the right to use homestead, the right to reside and the easement.
4 The statement about unjust enrichment is correct ().
A. If the debt is paid off knowing that there is no obligation to pay, the person who suffers the loss has no right to ask the beneficiary to return the benefits obtained.
B if the benefits obtained by the beneficiary no longer exist, there is no obligation to return the benefits.
C. If the sole beneficiary has transferred the obtained benefits to a third person for free, the aggrieved person has no right to require the third person to undertake the obligation of return within the corresponding scope.
D. If the beneficiary doesn't know and shouldn't know that the obtained benefits have no legal basis, the person who has suffered losses may request the beneficiary to return his benefits and compensate for the losses.
Answer a
According to the provisions of the Civil Code, if the beneficiary has no legal basis to obtain improper benefits, the person who suffers losses may request the beneficiary to return the benefits obtained, except in one of the following circumstances: (1) payment for fulfilling moral obligations: (2) settlement before the debt expires: (3) debt settlement knows that there is no obligation to pay.
5. The term of design patent right is ().
10 year
B 15
About 20 years.
Thirty years
Answer b
The analysis period of design patent right is 15 years.
6 According to the Civil Code, the statement about the guarantee contract is correct ().
A the guarantee contract is a subsidiary contract of this contract.
B. the guarantee contract can only be a paid contract.
C. Guarantee contract is the way to guarantee things
D. the guarantee contract is atypical.
Answer a
Analysis of the guarantee contract is the subordinate contract of the main contract, the main contract is invalid, and the guarantee contract is invalid.
7. In the construction project all risks, the insurer is not responsible for the losses and expenses caused by the following reasons ().
Design error
Earthquake of magnitude b
C. floods
accident
Answer a
Analysis of all risks in construction engineering is a kind of insurance that covers all losses caused by natural disasters or accidents in the construction process of various civil, industrial and public construction projects (including roads, bridges, dams and ports). The insurer shall be responsible for the losses and expenses caused by the following reasons:
(1) Natural events refer to natural phenomena with irresistible destructive power such as earthquake, tsunami, lightning, gale, typhoon, tornado, storm, rainstorm, flood, flood, freezing disaster, hail, landslide, snowstorm, volcanic eruption and land subsidence;
(2) Accidents refer to accidents and emergencies beyond the control of the insured, which cause material losses or personal injuries, including fires and explosions.
8. The following administrative compulsory measures, belongs to the administrative compulsory measures is ()
A. Lock down the house
B plus a fine
Remove obstacles
D. Transfer of deposits
Answer a
The analysis of administrative compulsory measures includes: restricting citizens' personal freedom; Sealing up places, facilities or property; Seizure of property; Freeze deposits and remittances; Other administrative compulsory measures.
9. If a construction enterprise entrusts a lawyer with full authority to represent the lawsuit, but fails to make specific authorization, the lawyer has the right to carry out the act in the lawsuit.
File a counterclaim
regulate
Change claim
Raise a management objection.
Answer d
In view of the fact that the power of attorney often appears in practice only writes "full authorization without specific authorization", the Supreme People's Court also stipulates that in this case, the agent ad litem cannot be considered to have obtained special authorization, that is, the agent ad litem has no right to admit, give up or change the claim, settle, file a counterclaim or appeal.
10. Among the following ways of taking responsibility, the one that belongs to the way of taking civil responsibility is ().
A. Fines
B. Order closing
Continue to perform
D. Confiscation of property
Answer c
Analyzing the provisions of the Civil Code, the main ways to bear civil liability are: (1) stop the infringement; (2) remove obstacles; (3) eliminate the danger; (4) return of property: (5) restitution: (6) repair and replacement; (7) continue to perform: (8) compensate for losses; (9) Pay liquidated damages; (10) Eliminate the influence and restore the famous camp: (1 1)
Make a gift. The above ways of bearing civil liability can be applied separately or in combination.
1 1. The starting time for the employer to establish a labor relationship with the employee is ().
Date of conclusion of labor contract
B. the date of the offer.
Date of employment
D. Date of entry formalities
Answer c
On the establishment of labor relations between employers and workers from the date of employment.
12. According to the Regulations on Quality Management of Construction Projects, the time for the construction unit to go through the project quality supervision procedures is ().
A before the completion acceptance
B. When concluding a construction contract
C. Before the main body is covered.
Before construction
Answer d
Analysis of "Regulations on Quality Management of Construction Projects" stipulates that the construction unit shall go through the project quality supervision procedures in accordance with the relevant provisions of the state before starting construction.
13 The registration certificate and professional seal of the registered builder are kept by ().
A. Employers of registered architects
B the competent department of housing and urban construction of the unit where the registered architect works.
Note: The personnel administrative department where the construction unit is located.
Registered architect himself
Answer d
The analysis registration certificate and practice seal are the practice certificates of registered construction engineers, which are kept and used by registered construction engineers themselves.
14 According to the Civil Code, the exemption clauses in the following contracts are valid ().
A. The property loss of the other party is caused by general negligence.
B. Causing personal injury to the other party
C the property loss of the other party is caused by intentional negligence.
D. Causing personal injury to the other party due to gross negligence
Answer a
According to the civil law, the following exemption clauses in the contract are invalid: (1) causing personal injury to the other party; (2) Causing property losses to the other party due to intentional or gross negligence.
15 according to the fire protection law, organs, organizations, enterprises and institutions should conduct a comprehensive inspection of building fire protection facilities at least once.
A: Two years.
B.3 years
C.5 years
D. Every year
Answer d
The Fire Protection Law of People's Republic of China (PRC) (hereinafter referred to as the Fire Protection Law) promulgated in April 20021year stipulates that organs, organizations, enterprises, institutions and other units shall perform the following fire safety duties:
(1) Implement the fire safety responsibility system, formulate the fire safety system and fire safety operation procedures of the unit, and formulate fire fighting and emergency evacuation plans;
(two) in accordance with national standards and industry standards, the allocation of fire facilities and equipment, set up fire safety signs, and regularly organize inspection and maintenance, to ensure good and effective;
(3) Conduct a comprehensive inspection of building fire protection facilities at least once a year to ensure that they are in good condition and effective, and the inspection records shall be complete and accurate and filed for future reference;
(four) to ensure that evacuation routes, exits and fire engines are unblocked, and to ensure that fire prevention, smoke prevention zones and fire prevention intervals meet the technical standards for fire control;
(5) Organize fire prevention inspection to eliminate fire hazards in time;
(6) Organize targeted fire drills:
(seven) other fire safety duties as prescribed by laws and regulations. The main person in charge of the unit is the person in charge of fire safety of the unit.
16 The statement about court mediation is correct ().
A. Mediation is not as effective as judgment
B if an agreement is reached through mediation, the people's court shall make a mediation agreement.
The people's court may invite relevant units and individuals to assist in mediation.
D. when trying civil cases, the people's court shall conduct mediation before making a judgment.
Answer c
According to the Civil Procedure Law, a people's court may conduct mediation by one judge or by a collegial panel, and conduct mediation on the spot as far as possible. The people's court may invite relevant units and individuals to assist in mediation. The invited units and individuals shall assist the people's court in mediation.
17 Among the following agreements reached between the tenderer and the winning bidder except the winning contract, the deviation from the substantive content of the winning contract is 0.
A. the winning bidder buys the property at the market price.
B. Both parties increased the cost of design changes.
C the winning bidder donates property to the tenderer to reduce the project price.
D. the winning bidder changes the project manager for some reason.
Answer c
analyse
The tenderer and the winning bidder shall, within 30 days from the date of issuance of the bid-winning notice, conclude a written contract in accordance with the tender documents and the bid documents of the winning bidder. The tenderer and the winning bidder shall not conclude other agreements that deviate from the substantive contents of the contract.
The Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of Construction Contract Disputes (No.1) (Fa Shi No.202025) stipulates that the construction contract signed by the parties is inconsistent with the project scope, time limit, project quality and project price specified in the bidding documents, bidding documents and bid-winning notice, and if one party requests that the bidding documents, bidding documents and bid-winning notice be used as the basis for settlement of the project price, the people's court shall
18. The time limit for labor dispute arbitration is ().
A.6 months B. 1 year C.2 years D.3 years
Answer b
According to the Labor Dispute Mediation and Arbitration Law, the limitation period for applying for labor dispute arbitration is 1 year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed.
19. The statement about bid opening is correct ().
A. If there are less than five bidders, the bid opening shall not be allowed.
B. If the bidder has any objection to the bid opening, it shall raise it separately after the bid opening.
C. the bid opening shall be presided over by the tendering agency.
The tenderer shall open the bid at the time and place specified in the tender documents.
Answer d
analyse
If there are less than three bidders, bid opening is not allowed. Option A is wrong. If a bidder has any objection to the bid opening, it shall raise it at the bid opening site, and the tenderer shall reply on the spot and make records. Option b is wrong.
The bid opening shall be presided over by the tenderer, and all bidders shall be invited to participate. C option is wrong. The tenderer shall open the bid at the time and place specified in the tender documents. The d option is correct.
20. The right to terminate the contract is correct ().
The ordering party may terminate the contract at any time, and if losses are caused to the contractor, it shall compensate for the losses.
B if the contractor entrusts the contracted work to a third party, the ordering party has the right to terminate the contract.
If the ordering party fails to perform the obligation of assistance, the contractor may terminate the contract.
4. The hiree may terminate the contract at any time, and if the hirer causes losses, it shall compensate for the losses.
Answer b
Error in analyzing option A: The ordering party may terminate the contract at any time before the contractor completes the work, and shall compensate the losses caused to the contractor.
Option B is correct: if the contractor entrusts the main work it undertakes to a third party, it shall be responsible to the ordering party for the work results completed by the third party; Without the consent of the ordering party, the ordering party may also terminate the contract.
Wrong options C and D: If the contract work cannot be completed due to the failure of the ordering party to perform its assistance obligations, the contractor may urge the ordering party to perform its obligations within a reasonable period of time and may extend the performance period; If the ordering party fails to perform within the time limit, the contractor may terminate the contract according to law.
2 1. According to the Standard Provisions on Bidding Scope and Scale of Engineering Construction Projects, all kinds of engineering construction projects within the bidding scope must be subject to bidding if they meet one of the following standards ().
A. The estimated price of a single contract for purchasing important equipment is 654.38 yuan+500,000 yuan.
B. The estimated value of a single contract for material procurement is RMB 2.5 million.
C. The estimated price of a single construction contract is RMB 3 million.
D the estimated price of a single contract for supervision service procurement is 600,000 yuan.
Answer b
Parsing option a requires more than 2 million. C option needs more than 4 million. Option d needs more than 1 10,000.
22. Regarding the form of the contract, the correct one is ().
A. the contract must be in writing.
B. contracts in other forms in oral form
C. a contract that is not concluded in written form according to law is invalid.
D. contracts can be in the form of data information.
Answer d
The analysis of the conclusion of a contract by the parties may be in written form, oral form or other forms. The AB option is wrong.
A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but the parties have fulfilled their main obligations, the other party accepts and the contract is established. C option is wrong.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained. A data message that can tangibly express its contents and can be retrieved for reference at any time through electronic data interchange or e-mail is regarded as a written form. The d option is correct.
Among the following alternative answers to each multiple-choice question, there are two or more correct answers that meet the meaning of the question, and there are at least 1 wrong items. Multiple choices and wrong choices are not scored; Choose one less item, and add 0.5 points for each item.
23 the basis of construction project liabilities is ().
A. contract B. infringement C. negotiorum gestio D. unjust enrichment E. notarization
Answer AB. laser record
The causes of construction project liabilities are contract, tort, negotiorum gestio and unjust enrichment.
24. The following belong to intellectual property rights ().
A. Patent right B. Trademark right C. Invention right D. Copyright E. Property right
Answer A.B.CD
Common intellectual property rights in construction projects are mainly scientific and technological achievements such as patent right, trademark right, copyright and invention right.
25. Under normal circumstances, the statement about the statutory minimum warranty period of each warranty project of the construction project is correct ().
A. the roofing waterproof project is 5 years.
B the water supply and drainage pipeline is 2 years.
C heating and cooling system is 5 years.
D 50 years of infrastructure is the reasonable service life of the project.
E. Equipment installation and decoration works will last for 2 years.
Answer a, b, e
analyse
The minimum warranty period for construction projects is:
(1) The reasonable service life of the foundation engineering, foundation engineering and main structure engineering of the building is specified in the design documents:
(2) Roof waterproofing works, leakage prevention of bathrooms, rooms and external walls with waterproof requirements, for 5 years:
(3) The heating and cooling system consists of two heating periods and cooling periods.
(4) Installation and decoration of electrical pipelines, water supply and drainage pipelines and equipment, with a construction period of 2 years.
The warranty period of other projects shall be agreed by the employer and the contractor.
26 according to the "Regulations on Quality Management of Construction Projects", in the following subcontracting situations, there is () illegal subcontracting.
A. The general construction contractor fails to perform management obligations and only charges the subcontractor, and the project construction is carried out by the subcontractor.
B, without the approval of the construction unit, the construction general contractor subcontracts the labor operation to a labor subcontracting enterprise with corresponding qualifications.
C. Professional subcontractors shall subcontract the labor operation part of the contracted professional engineering.
D professional subcontractors shall subcontract their contracted projects to professional contractors with corresponding qualifications.
E. Professional operation contractors subcontract their contracted services.
Answer d.e.
analyse
Option a is illegal subcontracting.
Scheme B: If the subcontracting content is not specified in the general contract, the consent of the construction unit shall be obtained in advance. However, labor subcontracting is agreed by the labor employer and the labor contractor through the labor contract, and may not be agreed by the construction unit.
Option C: A professional engineering subcontractor can contract out the labor services in the subcontracted project to a labor subcontracting enterprise.
Options d and e are illegal subcontracting.
27. The form of our country's law is ()
A. Customary law
B. Case law
constitution
Departmental regulations
E. International treaties
Answer CD, e
analyse
The legal form of China is written law, which can be divided into the following seven categories:
(1) Constitution (2) Laws
(3) Administrative regulations
(4) local regulations, autonomous regulations and separate regulations (5) departmental regulations
(6) Local government regulations
(7) International treaties
28. In which of the following cases, the employee can terminate the contract without notifying the employer in advance ()?
The employer fails to pay the labor remuneration in full and on time.
The employer fails to pay social insurance premiums according to law.
The employing unit forces laborers to work by violent means.
The employing unit forces laborers to work by threatening or illegally restricting personal freedom.
E. The employer illegally directs and forces the risky operation to endanger the personal safety of the workers.
Answer CDE
analyse
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Option AB: The employee may terminate the labor contract by notifying the employer in writing 30 days in advance.
29. The following bidding behavior, belong to fraud to cheat the bid ().
A. using forged or altered license documents
Providing false financial status or performance.
Providing false credit status
D provide false resumes and labor relations certificates of project leaders or main technicians.
E. The bidding documents of different bidders are confused with each other.
Answer A.B.CD
analyse
A bidder in any of the following circumstances is illegal in bidding.
Other fraudulent acts as stipulated in Article 33:
(1) Using forged or altered licenses:
(2) Providing false financial status or performance;
(three) providing false resumes and labor relations certificates of the project leader or major technical personnel;
(4) Providing false credit status:
() Other fraudulent acts.