问题 问答题 简答题

试论述价高者得规则的效力范围

答案

参考答案:

价高者得规则是习惯规则,它有约定俗成的效力。一旦该习惯规则被国家明文规定,就被纳入法律体系之中,具有更强、更明确的法律效力。价高者得规则在拍卖中的约束力主要表现在以下三个方面:

(1)价高者得规则对竞买人的约束力:价高者得规则约束竞买人是最直接的,价高者得规则发挥效力的过程也就是对于竞买人的约束过程

(2)价高者得规则对拍卖人的约束力:拍卖人是拍卖现场的组织者,在组织过程中拍卖人拥有许多权利,确认成交即是其权利之一

(3)价高者得规则对委托人的约束力:我国的法律规定,委托人不能参与竞买或者委托他人竞买,因此委托人是通过拍卖结果感受到价高者得规则的。但不能因此而忽视价高者得规则在委托人心目中的地位。

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.

The Canadian government made gold seekers bring one year’s supplies with them so that ______.
A. they would not die of hunger and cold
B. the army would have enough food for fighting a war
C. they would change these goods with the Eskimos
D. the supplies would make Alaska rich

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