问题 问答题 简答题

简述保管合同的特征。

答案

参考答案:

保管合同的特征有:

(1)保管合同原则上为实践合同。我国《合同法》规定保管合同自保管物交付时成立,但是当事人另有约定的除外。.意味着在我国原则上保管合同是实践合同。

(2)保管合同的标的物为日常生活用品。保管合同的标的物是寄存人交付保管人保管的物品。

(3)保管合同的标的是保管行为。保管合同的标的是保管人的特定的保管行为。保管合同的保管人的义务是依约对保管物提供保管行为,即将保管物置于自己的控制之下,妥善、安全地对保管物进行保管,并于寄存人解除保管合同或者期限届满时返还保管物于寄存人。

(4)保管合同既可以是有偿的,也可以是无偿的。

单项选择题
阅读理解

More than a century ago, the composer and bandleader John Philip Sousa warned that technology would destroy music, who said, “These talking machines are going to ruin the artistic development of music in this country. When I was a boy … in front of every house in the summer evenings you would find young people together singing the songs of the day or the old songs. Today you hear these terrible machines going night and day. We will not have a vocal cord (声带) left.”

Music has greatly changed in the past hundred years, which has been everywhere in our world: rivers of digital melody flow on the Internet or on disc; MP3 players with forty thousand songs can be put in a back pocket or a purse. Yet, for most of us, music is no longer something we do ourselves, or even watch other people do in front of us. It has become a radically virtual medium, an art without a face.

Ever since Edison invented the phonograph cylinder(留声机), people have been assessing what the medium of recording has done for and to the art of music. Sousa was a spokesman for the party of doom; in the opposite corner are the utopians(乌托邦), who argue that technology has not imprisoned music but liberated it. Before Edison came along, Beethoven’s symphonies could be heard only in select concert halls. Now the recordings carry the man from Bonn to the corners of the earth. Glenn Gould, after renouncing live performance in 1964, predicted that within the century the public concert would disappear into the electronic air.

Having discovered much of my favorite music through LPs and CDs, I am not about to join Sousa’s party. Modern urban environments are often so soulless or ugly that I’m grateful for the humanizing touch of electronic sound. But neither can I accept Gould’s slashing futurism. I want to be aware of technology’s effects, positive and negative. Fortunately, scholars and critics have been methodically exploring this terrain for many decades, trying to figure out exactly what happens when we listen to music with no musicians in the room.

小题1:The first paragraph is intended to        .

A.defend an argument

B.make a prediction

C.criticize an attitude

D.summarized a viewpoint小题2:The author’s attitude towards the recorded music may best be described as        .

A.dissatisfied

B.defensive

C.optimistic

D.objective小题3:The underlined word “terrain” in the last paragraph most nearly means       .

A.region

B.subject

C.land

D.distinction小题4:The primary purpose of the passage is to       .

A.explain different attitudes of scholars and critics

B.defend the view of one group from the criticism of another

C.advocate an unexpected solution to a pressing problem

D.present the key issues in an ongoing debate