在下列情形中，当事人钱某所行使的权利属于抗辩权的是：( ) A_爱下问搜题

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问题单项选择题

在下列情形中，当事人钱某所行使的权利属于抗辩权的是：( )

A．赵某向钱某请求返还200元钱，钱某以从未欠赵某钱为由予以拒绝，经查，钱某所言属实
B．赵某向钱某请求返还200元钱，钱某以赵某之债权已过诉讼时效为由予以拒绝
C．赵某欺诈钱某而订立买卖合同，赵某请求钱某履行交付标的物的义务，钱某则主张撤销合同
D．赵某因货物买卖享有对钱某的金钱债权200元，钱某因劳务而对赵某享有200元的报酬请求权，双方债务均已届清偿期，赵某向钱某主张给付，钱某则称双方债务抵销

答案

参考答案：B

解析：抗辩权是指对抗对方请求权的权利，其目的在于延缓请求权的行使或使请求权归于消灭。A项属于否认权而B项属于抗辩权。否认权与抗辩权的区别是，抗辨权是针对请求权而言的，没有请求权就没有抗辩权。抗辩权以存在真实的民事法律关系为条件，而行使否认权的一方与对方之间不存在真实的民事法律关系。C项撤销权属于形成权。D项中行使的是抵销权，属于形成权。

完形填空

Whenever we hear about “the homeless”, most of us think of the Developing world. But the   31  is that homelessness is everywhere. For example, how many of us would expect to see people living on the streets of a   32  country like Germany?
Kurt Muller and his wife Rita have spent eleven years making   33 for the homeless of Berlin, Germany’s capital. They first   34  one long hot summer when most Germans were   35  on holiday. Kurt and his wife stayed at home, made sandwiches,   36  a table in the street and gave food to the homeless.
The Mullers soon realized that food and clothing weren’t   37   . “What these people also need is warmth and   38  ,” says Rita. The Mullers didn’t   39  to give their phone number to the street people and told them to phone anytime. Rita  40   there was somebody at home to answer the phone and their home was always   41  to anyone who couldn’t face another night on the street.
The couple were soon   42  all their time and money, so Kurt visited food and clothing companies to   43  donations. Today, over thirty companies 44 donate food and other goods to the cause and volunteers help to 45 them to the homeless. The public also give clothes and money and a shoe producer   46  new shoes.
Kurt and Rita receive no   47  for their hard work. “ We feel like parents,” says Rita, “and parents shouldn’t   48  money for helping their children. The love we get on the streets is our salary.” Though Rita admits she often gets   49  , she says she will continue with her work because she likes the feeling of having made a   50  in the world.

A．traditional

A．preparations

D．suggestions

单项选择题

姐姐比妹妹多6支铅笔，姐姐再给妹妹几支铅笔就和妹妹的铅笔数相等( )

A．3支

B．4支

C．5支

D．6支