问题 问答题

《合同法》第101条规定:有下列情形之一,难以履行债务的,债务人可以将标的物提存:
(一)债权人无正当理由拒绝受领;
(二)债权人下落不明;
(三)债权人死亡未确定继承人或者丧失民事行为能力未确定监护人;
(四)法律规定的其他情形。
标的物不适于提存或者提存费用过高的,债务人依法可以拍卖或者变卖标的物,提存所得的价款。
试运用民法原理分析该条法律规定。(要求回答条文所规定制度的概念、构成要件、法律效力和制度价值)

答案

参考答案:(1)该条是关于提存的规定。
(2)提存是指由于债权人的原因而无法向其交付履行的标的物时,债务人将该标的物交给提存机关以消灭债务的行为。
(3)提存的意义在于,债务人可以通过提存来摆脱债务的束缚,以消灭债权债务关系。提存有利于债务人摆脱债务的束缚和消灭为债务提供的担保。
(4)提存必须具备以下条件:①须有因债权人方面的原因而使债务人难以履行债务的客观情况发生。②须提存的标的物适宜提存。③须经法定程序进行。
(5)提存具有消灭债权债务关系的效力,具体表现在:①提存之日起,债务人与债权人之间因合同所生之权利义务终止。标的物提存后,其所有权原则上移转给债权人,孳息归债权人所有,提存费用由债权人负担,提存期间标的物毁损灭失的风险由债权人承担。②标的物提存后,债务人应当及时通知债权人的继承人、监护人。债权人领取提存物的权利,自提存之日起5年内不行使而消灭,提存物扣除提存费用后归国家所有。

解析: 提存

阅读理解

A recent survey of 2000 parents in Britain showed that they are often afraid of science questions asked by their curious children only because they have no idea what the answer is. Here is a list of some simple questions that you can ask your parents to see if they know the answers.

Q: Why is the sky blue?

A: You probably know white sunlight is made up of seven colors. While it moves in a straight line when going through space, it starts to divide as it hits “raised area” in the atmosphere. The ones with longest wavelengths pass through easily. The blue , however , can be taken in by the gas molecules (分子) because it has a shorter wavelength , which in turn scatters (使分散) it in different directions. That’s why when you look up at the sky, it appears to be blue.

Q:Why does the moon sometimes appear during the daytime?

A: The simple answer to that is because just like any other object it is being lit by the sun. As long as it is around 45 degrees or even 90 degrees off the sun, it will receive light and be able to be seen. The only time it is not able to be seen during its 28-day orbit (轨道) around the earth is when it is right between the earth and the sun. That’s because its back , which is not lit by the sun, is facing us.

Q: Where do birds/ honeybees go in winter?

A: While the bird part is quite easy, since a lot of them get together and travel, the honeybee part is likely to puzzle your parents. It turns out that these busy insects stop being that active when the temperature drops below 50°F. Instead ,they get together in the lower central area of the hive (蜂巢)and form a ball around their queen. This helps keep both warm enough to survive the cold winter months.

小题1:The sky looks blue mainly because the color blue in the sunlight_______.

A.has the longest wavelength among all the colors

B.cannot be taken in by the gas molecules

C.doesn’t hit “raised area” in the atmosphere

D.cannot pass through space successfully小题2:How long can’t the moon be seen during the daytime in a month?

A.2

B.28

C.30

D.31小题3:What do honeybees choose to do when the temperature drops below 50°F?

A.They choose to be active in the wild.

B.They choose to keep themselves warm.

C.They choose to travel to a warm place.

D.They choose to get together in the upper central area of the hive.小题4:What is NOT explained in the passage?

A.Why is the sky blue?

B.Why is the moon able to be seen during the daytime?

C.Why do birds travel in winter?

D.Where do honeybees go in winter?

单项选择题