问题 单项选择题

经发包人同意后,承包人可以将部分工程的施工分包给分包人完成。该条款所依据的法律基础是《合同法》中有关( )的规定。

A.债权转让
B.债务承担
C.由第三人向债权人履行债务
D.债务人向第三人履行债务

答案

参考答案:C

解析: 合同内可以约定由第三人向债权人履行部分义务,如施工合同的分包。这种情况的法律关系特点表现为:
(1) 部分义务由第三人履行属于合同内的约定,但当事人之间的权利义务关系并不因此而改变:
(2) 在合同履行期限内,债权人可以要求第三人履行债务,但不能强迫第三人履行债务;
(3) 第三人不履行债务或履行债务不符合约定,仍由合同当事人的债务方承担违约责任,即债权人不能直接追究第三人的违约责任。

阅读理解

One day, President Lincoln went to a party. At the gathering, a man called Douglas was repeatedly talking about Lincoln’s low position in life and saying that he first met Lincoln when he was a shop assistant at a village shop. Finally he said, “And Mr. Lincoln was a very good waiter too.”

People burst into laughter, but they quieted down when Mr. Lincoln said quietly.

“Gentlemen, what Mr. Douglas has said is true. I did keep a grocery(杂货店), and I did sell cotton, candles and cigars, and sometimes whiskey(威士忌酒). But I remember that in those days Mr. Douglas was one of my best customers. I often stood on one side of the counter(柜台) and sold whiskey to Mr. Douglas on the other side, but the difference between us now is: I have left my side of the counter, but Mr. Douglas still sticks to his as firmly as ever.”

小题1:Where was Douglas talking about Lincoln’s low position in life?

A.At home

B.At a grocery

C.At a gathering

D.In a restaurant小题2:Douglas was repeatedly talking about Lincoln’s low position in life because _____

A.he was friendly to Lincoln.

B.Lincoln was an example to show that an American of low position can also rise up in life.

C.he wanted others to look down upon Lincoln.

D.he wanted to tell other people about Lincoln’s honesty as a shop assistant.小题3:How did Lincoln win the oral competition?

A.By telling about his low position in life in his early days.

B.By making fun of Douglas’ low position now.

C.By proving Douglas was telling lies.

D.By comparing his present position with Douglas.小题4:What do you suppose the sentence “Mr. Douglas still sticks to his as firmly as ever means?”

A.Douglas was still talking about Lincoln’s low position in life.

B.Douglas was still standing on the other side of the counter.

C.Douglas remained a drunkard and had not changed a bit.

D.Douglas kept on going to parties and speaking ill of Lincoln.

单项选择题