问题 多项选择题

依我国《合同法》的有关规定,下列关于提存的陈述中,正确的是:()

A.甲将标的物提存,三周后,债权人乙前来领取提存物,提存机关拒绝给予,理由是,据该提存机关了解,乙欠甲5000元贷款,履行期限届满,乙既未向甲归还,也未向甲提供担保

B.甲向乙交付5万斤荔枝,但乙下落不明,甲将5万斤荔枝变卖得20万元,甲即将 20万元交给有关部门提存

C.甲于1996年3月1日将标的物提存,至1999年3月5日,该提存机关决定在扣除相应的提存费用后,将标的物上缴国家

D.在上项B项条件下,如乙被法院宣告失踪甲应当及时通知乙的财产代管人

答案

参考答案:B,D

解析:《合同法》第101条: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:   (1) 债权人无正当理由拒绝受领;   (2) 债权人下落不明;   (3) 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卜   (4) 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。   第102条:标的物提存后,除债权人下落不明的以外,债务人应当及时通知债权人或者债权人的继承人、监护人。   第104条:债权人可以随时领取提存物,但债权人对债务人负有到期债务的,在债权人未履行债务或者提供担保之前,提存部门   根据债务人的要求应当拒绝其领取提存物。   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。   依以上法条即可得出答案。A项之错在于提存部门应当根据债务人的要求拒绝其领取提存物。

填空题

Every object tells a story. Even the most ordinary objects can present to us powerful images. Sometimes it is the ordinary nature of these objects that actually makes them so extraordinary. Such is the case with an old leather shoe in a museum in Alaska. At first glance it does not look like much. It is a woman’s shoe of a style popular in the 1890s. But what is unique about this shoe is where it was found. It was discovered on the Checkout Pass, the famous trail used by the people seeking gold in Alaska. Who it belonged to or why it was left there is not known. Was it perhaps dropped by accident as the woman climbed up the 1500 stairs carved outface Or did she throw away goods that she didn’t need in order to travel lighter
Over 100000 people with "gold fever" made this trip hoping to become millionaires. Few of them understood that on their way they would have to cross a harsh wildness. Unprepared for such a dangerous journey, many died of starvation and exposure to the cold weather.
The Canadian government finally started requiring the gold seekers to bring one ton of supplies with them. This was thought to be enough for a person to survive for one year. They would carry their supplies in backpacks each weighing up to fifty pounds; it usually took at least 40 trips to get everything to the top and over the pass. Whoever dropped the shoe must have been a brave and determined woman. Perhaps she was successful and made it to Alaska. Perhaps she had to turn back in defeat. No one will ever know for sure, but what we do know is that she took part in one of the greatest adventures in the 19th century.

According to this passage, many people who went to Alaska ______.
A. eventually became millionaires
B. brought with them many shoes
C. had conflicts with the Eskimos
D. were not properly equipped

填空题