问题 问答题

试比较抵销与提存。

答案

参考答案:抵销和提存都是债消灭的原因。抵销是指二人互负债务,各以其债权充当债的履行,而使其债务与对方的债务在对等额内互相消灭。提存是指由于债权人的原因而无法交付标的物时,债务人将该标的物交给提存机构以消灭债务的法律制度。两者的区别是:(1)抵销的目的是为了节省履行费用;提存的目的是使债务人摆脱因债权人原因无法履行债务的债务约束:(2)抵销有法定抵销和约定抵销之分,法定抵销的条件必须是债务种类、品质相同,债务到期且属于合法抵销的债务;提存的条件是债权人下落不明或无正当理由拒绝受领;(3)法定抵销只有两方当事人,即债权人和债务人。抵销行为是单方行为,一经通知,产生债务消灭的后果;提存涉及三方当事人,即债权人、债务人和提存机构。债务人把标的物一经交给提存机构,债务消灭,从而在债权人和提存机构之间建立保管关系。

阅读理解

阅读理解。

     Long long ago, there lived a very clever man whose name was Aesop(伊索). One day he was taking

a walk, when came across a traveller. The traveller stopped him and asked, "Kind man, can you tell me

how soon I'll get to town?"

      "Go." Aesop answered.

      "I know I must go," said the traveller. "But I want to know how soon I'll get to town."

      "Go!" Aesop said again angrily.

      "This man must be mad(疯了)." The traveller thought and went on.

      After the traveller had gone some distance, Aesop shouted after him, "You'll get to town in two hours."

      The traveller was greatly surprised. He turned back and asked, "Why didn't you tell me that before?"

      "How could I have told you that before?"Aesop answered," I didn't know how fast you could walk."

1. One day Aesop ______ a traveller while he was walking.     

A. helped    

B. found    

C. met    

D. saved

2. The traveller asked Aesop ______.      

A. to show him the way to town 

B. how long it would take him to get to town

C. to go to town with him

D. to tell him where the town was

3. When did Aesop give the traveller the answer?        

A. After the traveller got to town.

B. After the traveller had walked some distance.

C. When he wasn't angry.

D. When the traveller asked him a third time.

4. The traveller thought Aesop was______ at first.       

A. crazy    

B. foolish    

C. clever    

D. friendly

5. From the story we know Aesop was______.       

A. clever    

B. kind    

C. stupid    

D. mad

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