问题 问答题

《中华人民共和国合同法》第77条规定:“当事人协商一致,可以变更合同。法律、行政法规规定变更合同应当办理批准、登记等手续的,依照其规定。”
试运用民法原理分析该条法律规定(包括该条文所规定制度的概念、特征和效力)。

答案

参考答案:(1) 该条文规定的制度是合同的变更。
(2) 合同的变更有广义和狭义之分。广义的合同变更是指合同的内容与主体发生变化;狭义的合同变更仅指合同内容的变化。
(3)合同变更的特征有:1) 合同变更必须以有效成立的合同为对象。2) 合同变更须经当事人协商一致。对于法律、行政法规规定应当办理批准、登记等手续的,依照其规定。3) 合同变更只是合同内容的局部变更而非全部变更。4) 合同变更将产生新的债权债务关系,当事人应按变更后的合同内容来行使权利、履行义务。
(4) 合同变更的效力表现在,合同变更后,当事人应当按照变更后的合同履行,对变更后的合同内容的违反构成违约行为,应当依法承担违约责任。但合同变更对已按原合同所作的履行没有溯及力,同时,合同的变更也不影响当事人要求赔偿损失的权利。

阅读理解
阅读短文并回答问题,将答案写到答题卡相应的位置上(请注意问题后的词数要求)。
You can't avoid a conflict at work. If you can avoid a conflict, it means you will win what you want regardless of what the other person wants. Since the potential issue has not been removed, it will simply reappear later. Here are the necessary steps to effectively get rid of conflicts at work.
★ Realize that some conflicts are unavoidable at work. On numerous occasions, conflict and disagreement are likely to happen. But when a conflict happens it's not the end of the world. On the contrary, it can be the beginning of an interesting learning process. Conflicts mean that people care enough to disagree strongly. The trick is not to allow the conflict to go on forever.
★ Handle conflicts sooner rather than later. Solve a conflict when it starts, as it only gets worse with time going by. Conflicts at work arise not from something that was said, but from something that wasn't said! Everyone's waiting for the other to admit he's wrong and gets more unpleasant after the conflict has lasted a while. It's essential to interrupt the "waiting game" before it gets to that point.
★ Ask nicely. If somebody has done something that made you angry, or if you don't understand their viewpoint or actions, simply asking nicely about it can make a world of difference.  Never assume that people do what they do to annoy or hurt you. Sometimes there's a good reason why that person does what he or she does, and a potential conflict disappear right there. Do remember to make an inquiry, not an accusation of any sort.
★ Appreciate. Praise the other part in the conflict. Tell them why it's worth it to you to solve the conflict. This can be difficult as few people find it easy to praise and appreciate a person they disagree strongly with, but it's a great way to move forward.
Topic
How to小题1:conflicts at work
Reason
Conflicts won't 小题2:if not dealt with
小题3:on handling conflicts
● Don't be afraid of conflicts which can happen in many小题4:and try to resolve a conflict soon or it will get小题5:
●Interrupt the "waiting game" and try to admit your小题6:actively.
● Don’t imagine people do something to make you小题7:on purpose.
● Remember not to小题8:others, but ask them nicely about what they do, which may make a difference.
● Try to appreciate the other part in the conflict although it is 小题9:to do so.
小题10:
As long as you learn to do with conflicts, you'll work in joy.
名词解释