问题 单项选择题

甲公司与乙公司签订一买卖合同,合同约定,甲公司须在1个月内向乙公司提供200台电视机,总价款100万元。合同签订后,乙公司按约定向甲公司交付了定金20万元。甲公司依约分两批发运电视机,不料,第一批100台电视机在运输过程中遭遇泥石流,致使电视机全部毁损;第二批100台电视机在运输过程中被甲公司的债权人丙强行扣押、变卖,最终,乙公司未能收到电视机,欲向甲公司主张定金责任。根据担保法律制度的规定,下列关于甲公司定金责任承担的表述中,正确的是()。

A.甲公司无须承担定金责任,因为没有交付电视机是不可抗力和第三人原因导致的,甲公司没有过错

B.甲公司须承担全部定金责任,因为甲公司违反合同约定,未将电视机交付给乙公司

C.甲公司只须承担一半定金责任,因为不可抗力导致的第一批100台电视机未能交付,不适用定金罚则

D.甲公司只须承担一半定金责任,因为第三人原因造成的第二批100台电视机未能交付,不适用定金罚则

答案

参考答案:C

解析:因不可抗力、意外事件致使主合同不能履行的,不适用定金罚则。因合同关系以外第三人的过错,致使主合同不能履行的,适用定金罚则。受定金处罚的一方当事人,可以依法向第三人追偿。本题中,甲公司提供的第一批电视机是因为不可抗力导致未能交付,因此不适用定金罚则,甲公司提供的第二批电视机是因为第三人的原因导致未能交付,因此适用定金罚则。

单项选择题
单项选择题

When European Union (EU) leaders took delivery of Europe’s first draft of a constitution at a summit in Greece last June, it was with almost universal praise.

There was wide agreement that the text could save the EU from paralysis once it expands from 15 to 25 members next year. It would give Europe a more stable leadership and greater clout on the world stage, said the chairman of the Convention which drafted the agreement, former French President Valery Giscard d’Estaing.

Such praise was too good to last. As the product of a unique 16-month public debate, the draft has become a battleground. Less than four months after it was delivered, the same leaders who accepted it opened the second round of talks on its content this week by trading veiled threats to block agreement or cut off funds if they don’t get their way.

The tone was polite, but unyielding. In a bland joint statement issued when the talks opened on October 4, the leaders stressed the constitution, "represents a vital step in the process aimed at making Europe more cohesive, more democratic and closer to its citizens. "Sharp differences remain, though, between member countries of the EU over voting rights, the size and composition of the executive European Commission, defense co-operation and the role of religion in the new constitution.

Italian Prime Minister Silvio Berlusconi’s hopes of wrapping up a deal on the constitution by Christmas seem far from being realized. While the six founding members of the EU--Germany, France, Italy, the Netherlands, Belgium and Luxembourg--plus Britain and Denmark, want as little change as possible to the draft, the 10 mainly central European countries due to join the 15-nation bloc next year want to alter the institution’s balance.

Such small states are afraid their views will be ignored under the constitution and are determined to defend the disproportionate voting rights they won at the 2000 Nice Summit. EU experts fear such sharp differences will create exactly the paralysis in the EU the Convention was established to avoid.

According to experts, the real thing that may paralyze EU is()

A. the bigger size that EU will have in the future

B. the disproportionate voting rights of some small states

C. the fierce disagreement among its member countries

D. the threat from some leaders who want their ways