问题 单项选择题

根据《合同法》规定,下列关于先履行抗辩权说法错误的是()。

A.先履行抗辩权一般适用于双务合同

B.如果对方履行了应当履行的的义务,则先履行抗辩权随之消灭

C.先履行抗辩权可以使对方的请求权延期,也可以消灭对方的请求权

D.先履行一方履行债务不符合约定的,后履行一方有权拒绝其相应的履行要求

答案

参考答案:C

解析:

[答案]:C

:本题考查先履行抗辩权的相关规定。

先履行抗辩权,是指当事人互负债务,有先后履行顺序的,先履行一方未履行之前,后履行一方有权拒绝其履行请求,先履行一方履行债务不符合债的本旨,后履行一方有权拒绝其相应的履行请求(《合同法》第67条)。在传统民法上,有同时履行抗辩权和不安抗辩权的理论,却无先履行抗辩权的概念。中国合同法首次明确规定了这一抗辩权。先履行抗辩权发生于有先后履行顺序的双务合同中,基本上适用于先履行一方违约的场合,这些都是它不同于同时履行抗辩权之处。

阅读理解

There are 365 days in a year. We sleep 8 hours a day, so we have 122 days for sleeping. Then our work time has 243 days left. But there are 52 weekends in a year. Each weekend is two days. We lose another 104 days a year for work. It takes us about one hour to have breakfast and supper. This comes to 15 days over a year. But we can’t work all that time-we need a holiday. Let’s say we have three weeks’ holiday. We don’t work all day. Four free hours each evening takes up 61 days. We have to remember that we get 2 days’ holiday at Easter, 3 at Christmas and 1 at the New Year. There are also 4 Bank holidays. Take those 10 days away and we have 32 days for work. But then we have one and a half hours’ lunch every day, and half an hour’s coffee break. That comes to 30 days a year. This means that we have only a few days left for work every year!

小题1:How many days do we sleep in a year? ___days.

A.365

B.122

C.8

D.52小题2:We spend 15 days on __________.

A.rest

B.coffee break

C.lunch

D.breakfast and supper小题3:Which of the following is true? __________

A.Each weekend is one day.

B.We have 61 days for free time.

C.We get 3 days’ holiday at Easter

D.Coffee break takes us one hour.小题4:According to the passage, we know that we don’t have ______ time to work every year.

A.much too

B.so many

C.too much

D.too many小题5:The writer means __________.

A.we should know the numbers

B.a few days for work is enough

C.we need more holidays

D.time is important and we’d better not waste(浪费) it

单项选择题