问题 单项选择题

按《中华人民共和国合同法》的规定,合同生效后,当事人就价款或者报酬没有约定的,确定价款或报酬时应按( )的顺序履行。

A.订立合同时履行地的市场价格、合同有关条款、补充协议
B.合同有关条款、补充协议、订立合同时履行地的市场价格
C.补充协议、合同有关条款、订立合同时履行地的市场价格
D.补充协议、订立合同时履行地的市场价格、合同有关条款

答案

参考答案:C

解析: 合同生效后,当事人就质量、价款或者报酬、履行地点等内容没有约定或者约定不明的,可以协议补充。不能达成补充协议的,按照合同有关条款或者交易习惯确定。按照合同有关条款或者交易习惯确定,一般只能适用于部分常见条款欠缺或者不明确的情况,因为只有这些内容才能形成一定的交易习惯。如果按照上述办法仍不能确定合同如何履行的,适用下列规定进行履行:
对于价款或报酬不明的,按订立合同时履行地的市场价格履行;依法应当执行政府定价或政府指导价的,按规定履行。在建设工程施工合同中,合同履行地是不变的,肯定是工程所在地。因此,约定不明确时,应当执行工程所在地的市场价格。

选择题
填空题

Bush’s MBA


Twenty-six of 42 presidents, including Bill Clinton, were lawyers. Seven were generals. George W. Bush becomes the first with an MBA.
Those who have had Bush for a boss since the mid-1980s—in the (1) of oil, baseball and Texas state government—describe his management (2) as straight from the pages of the organizational-behavior (3) he studied while getting his masters of business administration (4) at Harvard University in 1975.
He manages by what is known (5) "walking around," having learned that sitting behind a desk and passing out memos does (6) to energize anyone.
He has a reputation for fueling "creative tension" (7) his subordinates, encouraging them to take and defend opposing (8) . That sacrifices harmony, but puts ideas to the test and lets Bush (9) above the fray, where he can offer guidance instead of barking (10) . Imagine the creative tension that may erupt (11) the likes of Secretary of State-designate Colin Powell and Defense Secretary— (12) Donald Rumsfeld.
Above all, former employees say that he is a master at delegating (13) installing measures of accountability—ways of knowing (14) subordinates are getting the job done without looking (15) any shoulders. That frees Bush for strategic thinking—perhaps (16) two words hammered into MBA students most—which means thinking (17) to seize opportunities and to derail threats to the best of plans.
"George was my (18) ," says Tom Schieffer, who served as president of the Texas Rangers under Bush (19) 1991 and 1995. "But he never made me feel that way. He went out of his way to treat me as a (20) , not a subordinate."
That’s one trait that might be of concern, says Michael Useem, director of the Wharton Center for Leadership and Change at the University of Pennsylvania. It’s important for subordinates to feel part of the team, but not just because the boss craves popularity. Just as in the military, it must be understood who is in charge when the final order is given.