问题 单项选择题

在民法理论上,代理有不同类型。下列有关代理概念和代理责任的说法中,正确的是( )。

A.一般代理是指代理权被限定在一定范围的代理

B.数个委托代理人共同行使代理权的,如果其中一人未与其他代理人协商,其行使代理权侵害被代理人利益的,由实施行为的代理人承担民事责任

C.本代理是指转委托的代理

D.直接代理是指代理人以自己的名义实施民事法律行为,其后果移转于被代理人的代理

答案

参考答案:B

解析:解析:  (1)选项A:代理权被限定在一定范围或一定事项的某些方面的代理,为特别代理。(2)选项C:转委托产生的代理为再代理。(3)选项D:代理 人在代理权限范围内,“以被代理人的名义”为民事法律行为,直接对被代理人发生法律效力的代理为直接代理;代理人“以自己名义”为民事法律行为,其效果转 移于被代理人的代理为间接代理。

问答题

The American economic system is organized around a basically private-enterprise, market-oriented economy in which consumers largely determine what shall be produced by spending their money in the marketplace for those goods and services that they want most. Private businessmen, striving to make profits, produce these goods and services in competition with other businessmen; and the profit motive, operating under competitive pressures, largely determines how these goods and services are produced. (47)Thus, in the American economic system it is the demand of individual consumers, coupled with the desire of businessmen to maximize profits and the desire of individuals to maximize their incomes that together determine what shall be produced and how resources are used to produce it.
(48)An important factor in a market-oriented economy is the mechanism by which consumer demands can be expressed and responded to by producers. In the American economy, this mechanism is provided by a price system, a process in which prices rise and fall in response to relative demands of consumers and supplies offered by seller-producers. If the product is in short supply relative to the demand, the price will be bid up and some consumers will be eliminated from the market. (49)If, on the other hand, producing more of a commodity results in reducing its cost, this will tend to increase the supply offered by seller-producers, which in turn will lower the price and permit more consumers to buy the product. Thus, price is the regulating mechanism in the American economic system.
The important factor in a private-enterprise economy is that individuals are allowed to own productive resources (private property), and they are permitted to hire labor, gain control over natural resources, and produce goods and services for sale at a profit. (50)In the American economy, the concept of private property embraces not only the ownership of productive resources but also certain rights, including the right to determine the price of a product or to make a free contract with another private individual.

选择题