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简述附条件合同中作为条件的事实应具备的要件有哪些？

答案

参考答案：

（1）必须是将来的事实。条件必须是合同成立时尚未发生的事实，过去的、现存的事实不能作为合同的条件。

（2）必须是不确定的事实。条件必须是不确定的，即是否发生只具有可能性，不具有必然性。将来必然发生的事实不能作为条件。

（3）必须是当事人约定的事实。条件必须是由当事人在合同中自由选定的事实，法律直接规定或者按照合同性质当然具有的限制，不属于合同的条件。

（4）必须是合法的事实。违法的事实不能作为条件。

填空题

Part 2


Questions 9-18


·Read the following article and answer questions 9-18 on the next page.

Shopping Pattern


1. Napoleon once described Britain as "a nation of shopkeepers", but since the 1960s the traditional corner shop has been slowly disappearing. The neighbourhood comer shop used to sell everything a housewife needed and the shopkeeper was an important person in the local community. The shop itself was a focus of community life, a place to chat as well as shop, in the days when Britons knew their local baker, local grocer and local butcher personally. So what happened to the comer shop
2. Shopping patterns changed dramatically in the 1970s and 1980s and the customers changed too. Shops began to get bigger and the owners opened more branches in different towns, each branch selling the same goods and offering cheaper prices than the local comer shop. The smaller shops closed as these large "chains" of shops took over. Customers liked the chains as they were self-service, offered a wider range of goods and introduced credit cards for customers. People in Britain now like shopping at a "name" they know, because they can be sure of the quality.
3. The very large retailers have such an enormous number of stores that they are called multiple retailers. During the "economic boom" of the 1980s the multiples developed superstores, offering an even wider choice of goods at even cheaper prices, on the edge of towns where giant shopping complexes often grew up around them.
4. Now that most Britons are car-owners they are prepared to travel further to shop, and like the choice offered by big stores. Most people are now paid monthly and prefer to buy in bulk once a month. The self-service and late-night shopping at superstores is convenient for the many women who work during the week. The corner shop is now empty during the day and people tend to use their local shops only in emergencies, if they have "forgotten" to buy something.
5. Corner shops are no longer profitable in the face of competition from the "giants". Britain could now be described as a nation of multiple retailers. Who could hope to survive and compete against their enormous choice and cheap prices Supporters of the corner shop say they prefer to pay higher prices because they get a friendlier and more personal service. Others shop there because they have no choice—the elderly or disabled, people without cars and young mothers with small children for whom a trip to a superstore would take a lot of planning and effort—but they are in the minority. Unfortunately for small shopkeepers, the majority of customers prefer speed and choice to the personal service of their local shops.

Questions 9-13


·For questions 9-13, choose from the list A-G which best summarizes each part of the article.
·For each numberedparagraph (1-5), mark one letter (A-G) on the Answer Sheet.
·Do not mark any letter twice.
  • A. Possibilities of traveling far to shop
  • B. Emergence of multiple retailers
  • C. Disappearing of corner shops
  • D. Economic boom
  • E. Anew shopping pattern
  • F. Discovery of shopping centers
  • G. Roles of corner shops


Paragraph 2 ______
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保函中委托人的权责包括（）.

A.在担保人按照保函规定向受益人付款后，立即偿还担保人垫付的款项。

B.负担保函下一切费用及利息

C.担保人如果认为需要时，应预支部分或全部押金。
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