问题 单项选择题

2002年8月张某伪造了一幅唐伯虎的字画,并且伪造了专家鉴定书,告诉陈某画是唐伯虎的真迹,陈某相信了张某的话遂购买了这幅赝品。2003年10月陈某发现画是赝品,但是陈某一直忙于工作,直到2004年 12月陈某才找到张某,要求张某退钱,张某拒不退钱,陈某向法院起诉要求撤销与张某的买卖合同,以下说法正确的是()

A.法院应撤销张某与陈某的买卖合同

B.法院不应撤销张某与陈某的买卖合同

C.法院应判决张某承担违约责任

D.法院应认定合同无效

答案

参考答案:B

解析:《民通意见》第68条规定:“一方当事人故意告知对方虚假情况,或者故意隐瞒真实情况,诱使对方当事人作出错误意思表示的,可以认定为欺诈行为。”本题中张某故意告知陈某虚假情况,诱使陈某与自己签订买卖合同,可以认定张某的行为是欺诈行为。 《民法通则》第58条第(3)项规定一方以欺诈的手段使对方违背真实意思所为的行为无效。《合同法》第54条第2款规定:“一方以欺诈、胁迫的手段或者乘人之危,使对方在违背真实意思的情况下订立的合同,受损害方有权请求人民法院或者仲裁机构变更或者撤销。”《合同法》的效力高于《民法通则》,因欺诈订立的合同是可变更可撤销合同,不是无效合同,所以D选项不正确。 《合同法》第55条规定:“有下列情形之一的,撤销权消灭:(一)具有撤销权的当事人自知道或者应当知道撤销事由之日起一年内没有行使撤销权;(二)具有撤销权的当事人知道撤销事由后明确表示或者以自己的行为放弃撤销权。”该条规定了受欺诈人行使撤销权的除斥期间,受欺诈人超过除斥期间不行使撤销权的,撤销权消灭,本题中陈某自知道撤销事由之日起超过1年没有行使撤销权,撤销权消灭,因此法院不能撤销张某与陈某的买卖合同,所以B选项正确,A选项不正确。陈某向法院起诉要求撤销与张某的买卖合同,并未要求法院判令张某承担违约责任,基于法院审判中立性和消极性的原则,法院不能判决张某承担违约责任,所以C选项不正确。

单项选择题
单项选择题


In the following passage, there are 20 blanks representing words that are missing from the context. Below the passage, each blank has 4 choices marked by letter A, B, C and D respectively. There is only ONE right answer. Blacken the corresponding letter as required on your Machine-scoring ANSWER SHEET.

How many of us would temp for three years while we waited for the perfect job Not many of us, perhaps. But Wentworth Miller, the "Prison Break" star, said he chose to wait even longer time (91) he found the right job.
"Actually I think it might have been three or four years until I was lucky enough to get guest (92) on TV shows," said Miller, 34, who rose to international stardom (93) to "Prison Break" in 2006. That kind of patience and p will was portrayed in "Prison Break". Miller (94) engineering wizard Michael Scofield, who tries everything to break out of a Chicago (95) with his brother. Miller said he was fond of his character, (97) he said "exists in shades of grey".
Miller comes from a (97) of teachers. He said he didn’t seem fated for a career in the arts, (98) his passion for acting. After (99) from Princeton with an English degree, he moved (100) his parents’ request to Los Angeles to look for a stable life. He started (101) in a little company that made television movies. This (102) simply faxing, filing, walking the boss’ dog and going to the store for the boss’ lunch. Every weekend during the summer, Miller (103) go to the office (104) he didn’t have air-conditioning. "I would hang (105) in the conference room and set up camp and rob the company kitchen," recalled Miller.
(106) , Miller realized he still had questions about his choice. He decided to quit. But the boss said he was making a mistake and offered him a well-paid assistant position. "I eventually (107) that if I did the corporate job, it would be great if I was successful, but I would always wonder about the (108) . If I did the acting and was successful, I would never wonder (109) that job," he explained. He quit and temped (110) many people in the entertainment industry.

A.out

B.on

C.through

D.for