问题 单项选择题

赠与合同是( )。

A.双务合同

B.有偿合同

C.互易合同

D.诺成性合同

答案

参考答案:D

解析:[详解] 赠与合同是赠与人将自己的财产无偿地给予受赠人,受赠人表示接受赠与的合同。《合同法》的规定表明赠与合同是一种诺成合同,自双方当事人意思表示一致,即受赠人表示接受该赠与时成立和生效。但由于赠与是一种不要求对价的无偿合同,故《合同法》又规定了赠与人的撤销权以平衡双方当事人的利益。选项A不正确。赠与合同中仅赠与人负有将其财产所有权转移于受赠人的义务,而受赠人不负担任何义务;即使在附义务的赠与当中,受赠人履行所附的义务也并非赠与人履行的义务的对价,即不是向赠与人为给付的履行行为。因此,赠与合同为单务合同,赠与人并不享有双务合同当事人所享有的同时履行抗辩权。选项B不正确。赠与合同的受赠人取得赠与标的物不需要付任何代价,因此,赠与合同是无偿合同。选项C不正确。互易合同是指当事人约定双方相互交换金钱以外的财产权的协议,又称以物易物合同、以货换货合同等。赠与合同只有一方当事人转移财产所有权,所以并非互易合同。

单项选择题 A1型题
单项选择题

The nobler and more perfect a thing is, the later and slower it is becoming mature. A man reaches the mature (1) of his reasoning powers and mental faculties (2) before the age of twenty-eight; a woman at eighteen. And then, too, in the case of woman, it is the only reason of a sort--very mean in its (3) . That is why women remain children their whole life long; never seeing (4) but what is quite close to them, (5) fast to the present moment, taking appearance for (6) , and preferring (7) to matters of the first importance. For it is (8) his reasoning faculty that man does not live in the present only, (9) the brute, but looks about him and considers the past and the future; and this is the origin of (10) , as well as that of care and anxiety which so many people (11) Both the advantages and the disadvantages, which this (12) , are (13) in by the woman to a smaller extent because of her weaker power of reasoning. She may, in fact, be described as intellectually shortsighted, (14) , while she has an immediate understanding of what lies quite close to her, her field of (15) is narrow and does not reach to what is (16) ; so that things which are absent, or past, or to come, have much less effect upon women than upon men. This is the reason why women are inclined to be (17) and sometimes carry their desire to a (18) that borders upon madness. In their hearts, women think it is men’s business to earn money and theirs to spend it--if possible during their husband’s life, (19) , at any rate, after his death. The very fact that their husband hands them (20) his earnings for purposes of housekeeping strengthens them in this belief.

3()

A.dimensions

B.perspectives

C.indices

D.diameters