问题 不定项选择

下列关于合同履行的说法正确的有()。

A.合同履行在概念上包含实际履行和全面履行两层要求

B.在贯彻实际履行原则时,非经权利人同意,义务人不得任意变更标的,也不得用货币和其他物品代偿

C.在遇到特殊情况时,允许以货币、其他物品和劳务行为代替履行,或者根据情况变更原则

D.凡是违反实际履行和全面履行要求的行为,都称为不履行合同

E.合同的履行包括全部履行、部分履行和到期履行等情况

答案

参考答案:A, B, C, D

解析:

合同履行在概念上包含实际履行和全面履行两层要求。在贯彻实际履行原则时,菲经权利人同意,义务人不得任意变更标的,也不得用货币和其他物品代偿,即使权利人同意,也不得损害国家利益和社会公共利益,这是具有中国特色的法律规定;实际履行双方当事人必须严格遵守有关法律规定,但遇下列情况时除外:

①由于不可抗力发生致使合同无法实际履行;

②以特定物为标的的合同实物已经灭失,实际履行已不可能;

③由于一方违约,使合同履行成为不必要。

在遇以上情况时允许以货币、其他物品和劳务行为代替履行,或者根据情况变更原则,在另一方当事人不同意变更或解除原合同时,向仲裁机构申请仲裁,或向人民法院起诉。凡是违反实际履行和全面履行要求的行为,都称为不履行合同,包括全部不履行、部分不履行和到期不履行等情况。

阅读理解

Jessica Alba rebelled(叛离) from her "strict" parents when she was just five. The 29-year-old actress admits her Catholic(天主教) education made her want to "break away" from her mother Catherine and father Mark.

She explained: "It's always been weird(古怪的) because I grew up in a very traditional, Catholic household. My parents were very strict but I broke away from that at an early age. I was a feminist(女权主义者) when I was five. These days, I am much more independent but I still respect their beliefs."

As Jessica has grown older she has learnt to accept her parents' views, but still considers herself an independent woman.

In her latest film 'Machete' Jessica gets to stab(刺) a love rival in the eye with her stiletto heels(鞋后跟), something she thoroughly enjoyed.

She said: "Walking in 3in heels wasn't as much fun as putting one in someone's eye. It was 104 degrees where we were shooting in Texas and they were not comfortable."

Jessica - who has a two-year-old daughter Honor with husband Cash Warren - is regularly referred to as one of the world's most beautiful women, but she doesn't think of herself as "sexy".

She added in an interview with the Metro newspaper: "I don't really pay attention to that sexy image. It just goes with the character in the movie. At the end of the day, it's all a part of selling a product."

小题1:Jessica Alba called herself feminist because ___.

A.she didn’t like living with her parents

B.she was brought up in a very poor family

C.she was often against her parents

D.she refused the training and education during her childhood by her parents小题2:From this passage we know that ___.                       

A.Jessica is a very cruel woman who enjoys hurting others

B.Jessica acted strangely in her children

C.Jessica’s parents believe in Catholic

D.Jessica rebelled her family because she hated Catholic小题3:This passage is mainly about ___.               

A.a rebellious movie star Jessica

B.a weird woman

C.an interview with a newspaper

D.a rebellious heart小题4:Which of the following statements is not true according to the passage?          

A.Although she is a rebellious woman, she still respects her parents’ beliefs

B.She likes her characters in the movie

C.She cares more about her sexy image because she is very proud of her beauty

D.She got married and has a daughter.

单项选择题