问题 多项选择题

甲向乙购买两头牛,钱已交付,约定一星期后由乙将牛交付甲,一星期后,乙交牛时,甲以牛比一星期前瘦了为由拒绝接受,并要求乙返还其已支付的牛钱。乙不答应,将牛交有关部门提存。以下说法正确的是:( )

A.乙的行为应认定为已履行了债务

B.乙的行为不应认定为履行了债务

C.该牛在有关部门提存期间支出的费用,应由甲承担

D.该牛在有关部门提存期间支出的费用,应由乙承担

答案

参考答案:A,C

解析:[考点] 提存 《合同法》第101条规定:“有下列情形之一,难以履行债务的,债务人可以将标的物提存:(一)债权人无正当理由拒绝受领;(二)债权人下落不明;(三)债权人死亡未确定继承人或者丧失民事行为能力未确定监护人;(四)法律规定的其他情形。标的物不适于提存或者提存费用过高的,债务人依法可以拍卖或者变卖标的物,提存所得的价款。”  第103条规定:标的物提存后,毁损、灭失的风险由债权人承担。提存期间,标的物的孳息归债权人所有。提存费用由债权人负担。  在本题中,甲和乙之间的合同已经成立,乙在履行合同时甲无正当理由拒绝接受履行,则乙可以通过提存的方式履行债务。  依此,可知AC为正确答案。

选择题
填空题

B The Beatles甲壳虫乐队
The English rock music group The Beatles gave the 1960s its characteristic musical flavor and (1) a profound influence on the course of popular music, equaled by (2) performers. The guitarists John Winston Lennon, James Paul McCartney, and George Harrison; and the drummer Ringo Starr, were all born and (3) in Liverpool. Lennon and McCartney had played together in a group called The Quarrymen. With Harrison, (4) formed their own group, The Silver Beatles, in 1959, and Starr joined them in 1962. As (5) Beatles, they developed a local following in Liverpool clubs, and their first recordings, "Love Me Do" (1962) and "Please Please Me" (1963), quickly made them Britain’s top rock group. Their early music was (6) by the American rock singers Chuck Berry and Elvis Presley, but they infused a hackneyed musical (7) with freshness, vitality, and wit.
The release of "I Want to Hold Your Hand" in 1964 (8) the beginning of the phenomenon known as"Beatlemania" in the United States. The Beatle’s first US (9) aroused a universal mob adulation. Their concerts were scenes of mass worship, and their records sold (10) the millions. Their first film, the innovative A Hard Day’s Night(1964), was received enthusiastically (11) a wide audience that included many who had never before listened to rock music.
Composing their own (12) , The Beatles established the precedent for other rock groups to play their own music.Experimenting with (13) musical forms, they produced an extraordinary (14) of songs: the childishly simple "Yellow Submarine" ; the bitter social commentary of "Eleanor Rigby" ; parodies of earlier pop styles; new electronic sounds; and compositions that were scored for cellos, violins, trumpets, and sitars, as well as for conventional guitars and drums. The (15) disbanded in 1970, after the release of their final album, Let It Be, and during the 1970s (16) individual careers, On dec.8, 1980, John Lennon (17) fatally shot outside his Manhattan apartment by Mark Chapman, a 25-year-old former mental (18) who, earlier that same day, had asked Lennon for his (19) . Lennon’s murder was universally (20) with an intensity of feeling usually inspired only by political and spiritual leaders.