问题 问答题

A地某大型政府投资建设项目被列为国家重点建设项目,预估总造价为30亿元人民币,由于设计工期紧张,方案设计完成后项目法人便展开招标,同时将可行性研究报告、项目建议书、设计任务书等报送计划主管部门审核。经公开招标确定中标人后与具有施工资质的M企业签订了《建设工程总承包合同》,并约定双方产生的争议提交A地仲裁委员会仲裁或向原告所在地法院起诉。合同签订后,该项目批准的投资计划中主体工程部分造价调整为20亿元。批准文件下达后,招标人要求降低包干价,承包人拒绝,招标人遂要求解除合同,双方发生争议。

招标人是否有权解除合同

答案

参考答案:根据《合同法》第273条规定,国家重大建设工程合同,应当按照国家规定的程序和国家批准的投资计划、可行性研究报告等文件订立。本项目总承包合同签订时尚未取得批准文件,缺乏签订合同的前提条件.违反了法律的强制性规定,应属无效合同,故招标人有权解除。

解析:
本案例第2问主要考查合同无效的情形。合同无效是指合同在欠缺生效条件的情况下或者合同适用法律中规定的合同无效情形时,合同当然不产生效力,且绝对无效,自始无效。《合同法》第52条规定:一方以欺诈、胁迫的手段订立合同,损害国家利益;恶意串通,损害国家、集体或者第三人利益;以合法形式掩盖非法目的;损害社会公共利益;合同中(包括订立时)存在违反法律、行政法规的强制性规定的,如果合同存在以上规定内容之一的,则合同应当被认定为无效。

阅读理解

At midnight (半夜) Mr. King coughed again. He got up and took some medicine. Before he lay down again, he smoked. And he couldn't go to sleep any longer. He found the medicine book and began to read it. He was afraid he had lung cancer(肺癌). He seemed to see death was waiting for him. Tears (眼泪)ran down his face. He didn’t see his wife was standing by him.

“What’s wrong with you, dear?”asked the woman.

“Nothing,” the old man answered and covered his face with his hands. The old woman opened the book and understood at once. She said, “You must stop smoking right now. ”

“I began to smoke when I was nine, you know. How can I do that?”

“But I think health is more important. ”

Mr. King coughed again and his wife said, “Go to see a doctor tomorrow. He will be able to help you, I think. ”

The doctor told Mr. King to have an X-ray examination(X光检查)of his lungs(肺). And then he looked at the X-ray carefully for a long time.

“Tell me the truth, doctor. ” said Mr. King, “Do you see any shadows (阴影) in my lungs?”

“No, I don’t see anything. ”

“Yes?” the old man said happily. “Really?”

“Yes. Your lungs are turning black. How can I see any shadows?”

根据短文内容,判断下列句子的正(T)误(F)。(5分)

小题1:Mr. King got up to cough because he smoked too much.

小题2:Mr. King wasn’t afraid of death.

小题3:The doctor told Mr. King to have an X-ray examination because he wanted to look more carefully at Mr. King’ s lungs.

小题4:The doctor found some shadows in Mr. King’s lungs.

小题5:There was nothing serious with Mr. King.

选择题