问题 问答题

合同被确认无效或者被撤消后,当事人之间的关系如何处理

答案

参考答案:合同被确认无效或被撤消后,自始没有法律的约束力,因此,应当将当事人之间的关系恢复到没有订立合同的状态。具体的处理方法为:
(1)返还财产。因无效合同或者被撤消的合同取得的财产,能够返还并且有必要返还的,应当予以返还。
(2)折价补偿。不能返还或者没有必要返还的,应当价折补偿。
(3)赔偿损失。合同被确认无效或者被撤消后,有过错的一方应当赔偿另一方因此所受到的损失。双方都有过错的,应当各自承担相应的责任。
(4)收归国有或者返还集体、第三人。当事人恶意串通损害国家、集体或第三人利益的,应当将取得的财产收归国有或返还集、第三人。

阅读理解

Last week’s topic: What’s your opinion about cheating in exams?

Wilson 822 (Fujian): An oath isn’t enough to keep anyone from cheating. Who can tell that they won’t promise something that goes against their will? So I think the punishment is important. Punishments should be serious enough to stop people breaking the oath!

Wang Changling (Anhui): The oath itself makes all test-takers think that others may consider them would-be cheaters, which can hurt their feelings. In my opinion, prevention is better than a punishment. Educators should set good examples for students to follow and be role models for them. Even if only a few educators continue to copy other people’s work and their research papers, surely, students will follow.

Anonymous(匿名的): I support the school’s action against cheating. Although the oath isn’t a duty, it can warn the would-be cheater.

Cathy Cheng: I find it is hard to refuse a friend who wants help in exams. And I think the rule of Maryland University gives the students like me a good excuse to refuse.

Zzq8301: I think it is a promising step toward what we’re talking about when we say “fair play” these days. Cheaters should be stopped because they make it difficult for the honest to succeed.

Freda (Tianjin): I was told by my foreign teacher to write down the oath on the back of my test paper in the same way that was described in the article. It is a rule everyone should obey in a fair game. Whether this method succeeds or fails is up to you. What I want to say is to be true to yourself.

60. The underlined word “oath” in Paragraph 2 may have the same meaning as “_________”.

A. idea                      B. promise          C. plan                      D. opinion

61. It is clear that people mentioned in the text are talking about the rule made by _________.

A. Maryland University                    B. some colleges          

C. the Education Department           D. the government

62. How many people are in fact in favor of the rule?

A. 3                   B. 2                     C. 4                    D. 5

63. Who think teachers should set a good example? 

A. Wilson 822        B. Freda             C. Cathy Cheng   D. Wang Changling

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