问题 不定项选择

甲方因急需柴油,与乙厂签订了一份买卖合同。双方商定,乙厂在1个月内筹集0号或10号柴油10吨供给甲方,每吨单价为1200元;合同生效后,甲方按合同约定支付了2000元定金。乙厂也在合同生效后第25天,依约定向某厂发运了0号柴油 10吨。因当时气温下降,0号柴油无法投入使用。故甲方要求乙厂改供10号柴油,或者退货。乙厂认为其所供0号柴油符合国家质量标准和合同规定,既不应换货,也无货可换;同时要求甲方依约支付贷款,不能退货。

关于本案合同之债的说法,正确的有:

A.本案合同之债可以通过甲方和乙厂的合同而确定应供应0号或10号柴油

B.本案中,合同之债可以通过债务人的选择而确定应供应0号或10号柴油

C.本案中,合同当事人可以约定选择权行使的期限

D.若由于国家政策限制,禁止出售10号柴油,则只能以0号柴油为履行标的,这称为选择之债因不能履行而特定

答案

参考答案:A,B,C,D

解析:本题涉及选择之债的履行问题。选择之债必须首先确定履行标舶才能履行,本题中, ABCD选项均符合选择之债标的确定的规则。

阅读理解

根据短文,判断正(T)误(F)。

  While at the park one day, a woman sat down next to a man on a bench near

a playground. "That's my son over there," she said, pointing to (指着) a little boy

in a red sweater.

  "He's a fine looking boy," the man said. "That's my daughter on the bike in

the white dress." Then, looking at his watch, he called to his daughter: "We have

to leave for home now, Melissa."

  "Just five more minutes, Dad," Melissa said. "Please? Just five more

minutes."

  The man nodded (点头) and Melissa went on riding her bike happily.

Minutes passed and the father stood and called again to his daughter, "Time to go

now?"

  "Five more minutes, Dad," Melissa said again. "Just five more minutes."

  The man smiled and said: "OK."

  "Oh, you really are a patient father," said the woman.

  The man smiled and then said: "Her older brother Tommy died (死) in a

traffic accident last year while he was riding his bike near here," the man said. "I

never spent much time with Tommy and now I'd give anything for just five more

minutes with him. I've vowed (发誓) not to make the same mistake with Melissa.

She thinks she has five more minutes to ride her bike. The truth is, I get five more

minutes to watch her play."?

( ) 1. The man's daughter and her brother were playing at the park.

(     ) 2. The man felt sorry that he didn't give more of his time to his older son.

(     ) 3. Melissa wanted to stay longer when her father asked her to go the first time.

(     ) 4. Melissa agreed to go home when her father called her the second time.

( ) 5. The man learned a lot from Tommy's death.

单项选择题