问题 单项选择题

赵龙酷爱养马,某日于周瑾处发现某名贵宝马,遂动了买马之念,双方商定价金20万元。现周瑾已向赵龙交付该马,但未交付该马的血统证明书。若周瑾请求赵龙付款,则赵龙:()

A.不得主张同时履行抗辩,因为交付证书义务为从给付义务

B.不得主张同时履行抗辩,因为付款与交付证书不具有对待给付关系

C.得主张同时履行抗辩,因为从给付义务不妨碍抗辩权的成立

D.得主张同时履行抗辩,因为从给付义务虽通常不得成立该抗辩,但本案从给付义务与合同目的实现关系密切

答案

参考答案:D

解析:本题涉及从给付义务未履行能否成立同时履行抗辩权的问题。依照民法原理,从给付义务一般不能成立同时履行抗辩权。因为从给付义务不构成债务的内容,而是属于附随义务的内容,但是从给付义务的履行与债务的核心要素(如标的、价格)的确定是密切相关的,从给付义务的未履行也可成立同时履行抗辩权。本题中,赵龙与周瑾之间买卖的标的物是名贵宝马,卖方的债务是交付该马,买方的债务是付款,但交付血统证明书对该名贵宝马的身份确定及其价值具有核心意义,因此,卖方未交付该马的血统证明书可成立买方的同时履行抗辩权,故D选项正确,ABC选项错误。因此,本题正确选项为D。

阅读理解

阅读理解

     About 70 scientists were working on a very busy project.All of them felt really desperate due to the

pressure of work and the demands of their boss but everyone was loyal to him and did not think of

quitting their job.

    One day,one scientist came to his boss and told him,"Sir,I've promised to take my children to the

exhibition going on in our township so I want to leave at 5:30 pm" His boss replied,"OK.You're permitted

to leave the office early today."

     The scientist started working.He continued his work after lunch.As usual, he got involved to such an

extent that he looked at his watch only when he felt he was close to completion.The time was 8:30 pm.

Suddenly he remembered his promise to the children.He looked for his boss but he was not there.Having

told him in the morning himself, he closed everything and left for home.Deep within himself, he was feeling

guilty for having disappointed his children.He reached home.The children were not there.His wife alone

was sitting in the hall and reading magazines.The_situation_was_explosive;any_talk_would_boomerang_on_him.His wife asked him,"Would you like to have coffee or shall I straight away serve dinner if you are

hungry?" The man replied,"If you would like to have coffee, I will have too, but what about the children?"

His wife replied,"You don't know?Your boss came here at 5:15 pm and has taken them to the exhibition."

     What had really happened was the boss who gave him permission was observing him working

seriously at 5:00 pm. He thought to himself:this person will not leave the work,but he's promised to take

his children to the exhibition.So he took the lead in taking them there.The boss does not have to do it

every time.But once it's done, loyalty is established.

     That is why all the scientists at Thumba continued to work under their boss even though the stress

was extraordinarily huge.By the way,can you boldly guess who the boss was?He was none other than

the mastermind behind India's successful nuclear weapons program,Dr.APJ Abdul Kalam,former

president of India.

1. The scientist asked for an early leave because________.

A. he felt increasingly desperate about his work

B. he meant to accompany his wife at dinner

C. the task at hand was close to completion

D. he'd promised to take his kids to a show

2. The underlined sentence implies that the scientist thought his wife was________.

A. dissatisfied with his coming home late

B. ready to serve dinner for him

C. grateful to his kindhearted boss

D. delighted to see him back home

3. The boss took the children to the exhibition________.

A. when it was too late for the scientist to do so

B. because the scientist was absorbed in his work

C. because he also wanted to see what was on show

D. when the man's wife asked him to do so

单项选择题