问题 问答题

王某代甲公司与乙公司签订合同的行为属于什么性质

答案

参考答案:

解析:王某的行为属于无权代理。王某没有受到甲公司委托代理,并且乙公司知道王某已辞职之事,王某的行为不能构成表见代理,属于无权代理。[考点] 无权代理 《民法通则》第63条规定,公民、法人可以通过代理人实施民事法律行为。代理人在代理权限内,以被代理人的名义实施民事法律行为;被代理人对代理人的代理行为,承担民事责任。依照法律规定或者按照双方当事人约定,应当由本人实施的民事法律行为,不得代理。可见,代理在法律上是允许的,但是代理人的代理行为必须经过被代理人的授权。而本题中,王某已经辞职,显然已经没有甲公司的授权,其代理行为属于无权代理。而且,王某的行为也构不成表见代理。根据《合同法》第49条的规定,行为人没有代理权、超越代理权或者代理权终止后以被代理人名义订立合同,相对人有理由相信行为人有代理权的,该代理行为有效。而本题中,乙公司已经知道王某辞职一事,在王某代甲公司签订合同时,乙公司未要求任何委托证明,因此不能说乙公司有理由相信王某有代理权,所以王某的行为也构不成表见代理。

单项选择题
阅读理解

A little boy came up to his mother in the kitchen one evening while she was fixing supper, and handed her a piece of paper that he had been writing on. After mom dried her hands on apron, she read it, and this is what it said:

For cutting the grass: $5.00

For cleaning up my room this week: $1.00

For going to the store for you: $0.50

Baby-sitting my kid brother while you went shopping: $0.25

Taking out the garbage: $1.00

For getting a good report card: $5.00

For cleaning up and raking the yard: $2.00

Total owed: $14.75

Well, his mother looked at him standing there, and the boy could see the memories flashing through her mind. She picked up the pen, turned over the paper he'd written on, and this is what she wrote:

For the nine months I carried while you were growing inside me: No Charge

For all the nights that I've sat up with you, doctored and prayed for you: No Charge

For all the trying times, and all the tears that you've caused through the years: No Charge

For the toys, food ,clothes, and even wiping your nose: No Charge

Son, when you add it up, the cost of my love is: No Charge.

When the boy finished reading what his mother had written, there were big tears in his eyes, and he looked straight at his mother and said, "Mom, I sure do love you." And then he took the pen and in great big letters he wrote:" PAID IN FULL".

小题1: The underlined sentence “the boy could see the memories flashing through her mind.” means _______.

A.the boy found something in his mother’s body burning

B.the boy thought his mother was considering how much she should pay him

C.the boy didn’t thought his mother would give him money

D.the boy thought that his mother recalled something of the past小题2:When the mother wrote “No charge” on the paper, she really meant that_____.

A.the boy needn’t pay the money

B.the boy should pay the money

C.what she has done for the boy is uncountable

D.she didn’t know how much she should pay the boy小题3:Why did the boy cry?

A.Because he couldn’t get money from his mother.

B.Because he felt shameful to ask his mother for money.

C.Because his mother beat him up.

D.Because he also loved his mother.小题4:What’s the main idea of the text?

A.Mother’s love for her children is invaluable.

B.The boy shouldn’t have asked his mother for money.

C.The boy’s mother should have given him money.

D.The writer mainly told us a story that a boy asked his mother for money..