问题 问答题

《担保法》第89条 当事人可以约定一方向对方给付定金作为债权的担保。债务人履行债务后,定金应当抵作价款或者收回。给付定金的一方不履行约定的债务的,无权要求返还定金;收受定金的一方不履行约定的债务的,应当双倍返还定金。

《担保法》第90条定金应当以书面形式约定。当事人在定金合同中应当约定交付定金的期限。定金合同从实际交付定金之日起生效。

《担保法》第91条定金的数额由当事人约定,但不得超过主合同标的额的百分之二十。

第89条规定的定金返还规则和第90条、第91条,分别体现了法律关系和法律事实的哪些特征?

答案

参考答案:

分别体现了法律关系和法律事实的法定性。交付定金本来是一种客观事实,但法律上规定返还规则后就具有了确定的法律后果,就变成了法律事实。同样,要建立定金合同这种法律关系,就必须按照法定条件进行,否则将不产生法律效果。如约定的数额超过主合同标的20%以上的部分就不能适用定金罚则。

材料分析题
阅读理解
Part-time jobs for 15 and 16 years olds
Waiter / Waitress
A job as a waiter or waitress is a good choice for 16-year-olds. Not only can one earn $9-$12 an hour, but they can also get the tips (小费). Most people that visit a restaurant don’t just have good food. They come here to relax and have a good time. Besides serving food quickly, a young waiter who talks to them politely with a smile on his face will make the diners enjoy their time at the restaurant.
Work in a library
If one is fond of books, working in a library is another suitable choice. Besides the pay is good, it offers a lot of free time when students can actually sit down and finish their homework. So on returning home, they would have time to hang around with friends or just relax. So working in a library is an excellent part-time job for teens, especially for school students.
Internet jobs
There are many ways of making money through online jobs like clicking on advertisements, visiting sites and signing up with them. However, such online jobs don’t pay well. A better Internet job for teens is to complete online surveys. These are quite simple surveys that usually ask one about his/ her opinions and ideas. Many companies use these ideas to make products designed for teenagers.
小题1:What does the writer think of the job as a waiter/waitress?
A.It needs a period of training.
B.It pays much more than other jobs.
C.It can improve one’s leadership skills.
D.Making diners comfortable is part of the job.
小题2:A student who is busy with his research paper will probably choose to work ______.
A.in a restaurantB.in a libraryC.on the InternetD.in an IT company
小题3:The writer wrote this text to ______.
A.tell us the importance of doing part-time jobs
B.advise teenagers how to choose a part-time job
C.teach young people how to make lots of money
D.introduce his/her experience of doing part-time jobs
小题4:Why do some companies ask the teens to do surveys?
A.The teens have more free time.
B.They can pay less to the teens.
C.They need advice to make products for teens.
D.The teens usually express their true opinions.