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A市甲公司向B市乙公司购买10台专用设备，双方于7月1日签订了购买合同。买卖合同约定：专用设备每台10万元，总价100万元;乙公司 于7月31日交货，甲公司在收货10日内付清款项;甲公司在合同签订后5日内向乙公司交付定金5万元;上方因合同违约而发生的纠纷，提交C市仲裁委员会仲 裁。　　7月3日，甲公司向乙公司交付了5万元定金。　　7月20日，甲公司告知乙公司，因向甲公司订购该批专业设备的丙公司明确拒绝购买该批货物，甲公司一时找不到新的买家，将不能履行合同。　　7月22日，乙公司通知甲公司解除合同，定金不予返还，并要求甲公司赔偿定金未能弥补的损失。甲公司不同意赔偿损失，乙公司遂向C市仲裁委员会申请仲裁。　　对于乙公司的仲裁，甲公司认为：(1)只有当合同履行期满甲公司未履行合同，乙公司才可以决出合同，所以，乙公司于7月22日主张解除合同不合 法，应承担相应法律责任;(2)即使合同可以解除，那么合同被解除后，合同中的仲裁条款即失去效力。所以，乙公司应向A市法院提起诉讼;(3)甲公司愿意 承担定金责任，但乙公司不能再要求甲公司赔偿损失。　　据查，甲公司不履行合同给乙公司造成的10万元损失。　　要求：　　根据合同、担保、仲裁法律制度的规定，回答下列问题：

乙公司7月22日通知解除合同是否符合法律规定简要说明理由。

答案

参考答案：乙公司7月22日通知解除合同符合法律规定。根据合同法律制度的规定，在履行期限届满之前，当事人一方明确表示或者以自己的行为表明不履 行主要债务的，对方当事人可以解除合同。本题中，甲公司于7月22日明确表示将不能履行合同，属于预期违约，乙公司有权解除合同。

填空题



The Commission is expected to propose allowing people to choose which (36) they would come under, based on their (37) or their residency. But the proposal is set to (38) because of the very different laws on divorce that apply across the EU. The Commission wants to (39) problems over which law to apply when, for example, a married couple from one member state is resident in another member state or when the couple is of different ELI nationalities.
The (40) of member states are said to be (41) the idea and responded positively to a (42) which followed the (43) of a Commission Green Paper. With 15% of German divorces each year involving couples of different nationalities, the government of Berlin (44) see resolved the issue of which laws should apply.
But some member states are expected to resist the (45) which would involve allowing different divorce laws to be applied in their countries. For example, Malta does not allow divorce. The proposal would mean that although Maltese nationals could not divorce in Malta, a couple of different EU nationality (46) in Malta could apply to the Maltese court for a divorce under their country’s laws. Similarly in Ireland where the divorce law states a couple must have been separated for four years, establish that their marriage has broken down and be offered (47) a couple from Sweden could apply to an Irish court to allow them to divorce under Swedish law, where divorce can be (48) quickly. The Irish government’s submission to the Commission on the Green Paper stated: "reland is not in favor of allowing (49) to choose the applicable law, as this could be open to abuse ... such abuse would be likely to (50) most on divorce regimes, such as that of Ireland, which require a relatively long separation period."
Ireland, like the UK, however, is allowed to choose whether to "opt-in" to such a proposal under rules agreed in the Amsterdam treaty. Malta has no such (51) but could (52) the proposal in the Council of Ministers since (53) approval will be required. "It is going to lead to (54) said Geoffrey Shannon, Irish expert on the Commission on European Family Law, which examines the (55) of EU family law. The proposal would also mean that judges would have to be trained in the divorce law of all 25 member states.
The Commission is expected to propose allowing people to choose which (36) they would come under, based on their (37) or their residency. But the proposal is set to (38) because of the very different laws on divorce that apply across the EU. The Commission wants to (39) problems over which law to apply when, for example, a married couple from one member state is resident in another member state or when the couple is of different ELI nationalities.
The (40) of member states are said to be (41) the idea and responded positively to a (42) which followed the (43) of a Commission Green Paper. With 15% of German divorces each year involving couples of different nationalities, the government of Berlin (44) see resolved the issue of which laws should apply.
But some member states are expected to resist the (45) which would involve allowing different divorce laws to be applied in their countries. For example, Malta does not allow divorce. The proposal would mean that although Maltese nationals could not divorce in Malta, a couple of different EU nationality (46) in Malta could apply to the Maltese court for a divorce under their country’s laws. Similarly in Ireland where the divorce law states a couple must have been separated for four years, establish that their marriage has broken down and be offered (47) a couple from Sweden could apply to an Irish court to allow them to divorce under Swedish law, where divorce can be (48) quickly. The Irish government’s submission to the Commission on the Green Paper stated: "reland is not in favor of allowing (49) to choose the applicable law, as this could be open to abuse ... such abuse would be likely to (50) most on divorce regimes, such as that of Ireland, which require a relatively long separation period."
Ireland, like the UK, however, is allowed to choose whether to "opt-in" to such a proposal under rules agreed in the Amsterdam treaty. Malta has no such (51) but could (52) the proposal in the Council of Ministers since (53) approval will be required. "It is going to lead to (54) said Geoffrey Shannon, Irish expert on the Commission on European Family Law, which examines the (55) of EU family law. The proposal would also mean that judges would have to be trained in the divorce law of all 25 member states.
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多项选择题

有( )情形之一的，撤销权消灭。

A．具有撤销权的当事人自知道或应当知道撤销事由之日起半年内没有行使撤销权

B．具有撤销权的当事人自知道或应当知道撤销事由之日起1年内没有行使撤销权

C．具有撤销权的当事人自知道或应当知道撤销事由之日起2年内没有行使撤销权

D．具有撤销权的当事人知道撤销事由后以自己的实际行为放弃撤销权

E．具有撤销权的当事人知道撤销事由后明确表示放弃撤销权
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