问题 问答题

《中华人民共和国合同法》第68条规定:“应当先履行债务的当事人,有确切证据证明对方有下列情形之一的,可以中止履行:
(一)经营状况严重恶化;
(二)转移财产、抽逃资金,以逃避债务;
(三)丧失商业信誉;
(四)有丧失或者可能丧失履行债务能力的其他情形。
当事人没有确切证据中止履行的,应当承担违约责任。”
试运用民法原理分析该条法律规定(包括该条文所规定制度的概念、构成要件、法律效力和制度价值)。

答案

参考答案:本条规定的是不安抗辩权制度。不安抗辩权是指先履行一方有证据证明后履行一方有丧失或者可能丧失履行债务能力的情况下,可暂时中止履行合同的权利。
(2)不安抗辩权是法律赋予双务合同中先履行债务一方当事人的权利,目的在于保护先履行当事人的债权,避免因自己先履行而对方无能力履行而受到损害。不安抗辩权扩张了债的效力。
(3)不安抗辩权的成立要件包括:第一,当事人基于同一双务合同而互负债务;第二,主张不安抗辩权的一方应当先履行债务且债务已届清偿期;第三,先履行一方有确切证据证明对方履行能力明显降低,有不能为对待给付的现实危险。
(4)不安抗辩权的效力在于:在具备上述条件时,先履行一方有权中止履行,并可要求后履行一方提供担保。在后履行一方提供担保时,先履行一方应当恢复履行。如果后履行一方在合理期限内未恢复履行能力、未提供适当担保,先履行一方可以解除合同。

完形填空
阅读理解。
     Eleven-year-old Angela was attacked by a rare __1__ involving her nerve
system.She was unable to walk and her movement was __2__ in other ways as
well.The doctors did not hold much __3__ of her ever recovering from this
illness.They __4__ she'd spend the rest of her life in a wheelchair.They said
that few,if any,were able to come back to __5__ after suffering from this dis
ease.The little girl was __6__.There,lying in her hospital bed,she would swear
that she was __7__ going to be walking again someday.
     She was moved to a specialized __8__ hospital in the San Francisco Bay
area.Whatever __9__ could be applied to her case were used.The doctors
were attracted by her undefeatable spirit.They taught her about imagining
about seeing herself walking.If it would do nothing else,it would at least give
her hope and something __10__ to do in the long waking hours in her bed.Angela
would work as hard as possible in physical treatment,and in exercise sessions.
     But she worked just as hard lying there faithfully doing her imagining,visualizing
herself moving,moving,moving!
     One day,as she was attempting,with all her might,to imagine her legs moving
again,it seemed as though something __11__ happened:the bed moved!It began
to move around the room!She __12__ out,"Look what I'm doing!Look!Look!I
can do it.I moved!I moved!"
     Of course,at this very moment everyone else in the hospital was screaming,too,
and running for cover.People were screaming,equipment was __13__ and glass
was breaking.You see,it was the recent San Francisco earthquake.But don't tell
that to Angela.She's __14__ that she did it.
     And now only a few years later,she's back in school,on her own __15__.No
crutches,no wheelchair.You see,anyone who can shake the earth between San
Francisco and Oakland can defeat a little disease,can't they?
(      )1.A.problem
( )2.A.reduced
( )3.A.thought
( )4.A.predicted
( )5.A.active
( )6.A.fearless
( )7.A.probably
( )8.A.recovery
( )9.A.schedules
( )10.A.admirable
( )11.A.useful
( )12.A.screamed
( )13.A.accelerating
( )14.A.convinced
( )15.A.parts

B.disease
B.avoided
B.idea
B.prepared
B.normal
B.peaceful
B.approximately
B.experiment
B.instructions
B.interesting
B.regretful
B.laughed
B.running
B.supposed
B.legs

C.accident
C.restricted
C.opinion
C.admitted
C.alive
C.patient
C.sincerely
C.practice
C.supports
C.optimistic
C.surprising
C.spoke
C.appearing
C.realized
C.body

D.error
D.forced
D.hope
D.decided
D.confident
D.stainless
D.certainly
D.exercise
D.treatments
D.appropriate
D.disgusting
D.sang
D.falling
D.accepted
D.role

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