问题 不定项选择

下列现象,违反民法权利不得滥用原则的有()。

A.甲乙丙三人到某小镇饭店就餐,见一盘菜中有一块鱼肉未煮熟,遂拒绝全部付款

B.某市服装公司未经模特许可,仅凭与模特经纪公司以及与模特的一般广告合同,而将含有模特形象的服装广告置于市中心最繁华的街道作为地面广告

C.某甲于诉讼时效期间已经经过后还向某乙提出返还借款的请求

D.某甲与某乙约定如某乙(女)终身不嫁,则给予某乙10万元

答案

参考答案:A,B,D

解析:本题考对权利滥用原则的理解问题。民事主体行使民事权利应当以不违反法律规定和不损害他人利益和公共利益为限度。本题A选项中,甲、乙、丙三人见一盘菜中有一块鱼肉未煮熟,拒绝全部付款,既不符合法律规定,也不符合习惯,该行为属于权利滥用行为;本题B选项中,服装公司未经模特许可,将含有模特形象的服装广告置于市中心繁华街道作为地面广告,也属滥用权利的行为;本题C选项中。某甲的债权虽然已过诉讼时效,但其实体权利并未丧失,故其向债务人乙提出返还借款请求是行使自然债权的行为,因为诉讼时效已过,只是该债权不受法律的强制保护而已,故 C选项不为滥用权利的行为;本题D选项是引诱他人放弃权利能力,属于滥用权利的行为。故本题正确选项为ABD。

单项选择题
问答题

It is hard to predict how science is going to turn out, and if it is really good science it is impossible to predict. If the things to be found are actually new, they are by definition unknown in advance. You cannot make choices in this matter. (46) You either have science or you don’t, and if you have it you are obliged to accept the surprising and disturbing pieces of information, along with the neat and promptly useful bits.
The only solid piece of scientific truth about which I feel totally confident is that we are profoundly ignorant about nature. Indeed, I regard this as the major discovery of the past hundred years of biology. It is, in its way, an illuminating piece of news. (47) It would have amazed the brightest minds of the 18th century Enlightenment to be told by any of us how little we know and how bewildering the way ahead seems. (48) It is this sudden confrontation with the depth and scope of ignorance that’ represents the most significant contribution of the 20th century science to the human intellect. In earlier times, we either pretended to understand how things worked or ignored the problem, or simply made up stories to fill the gaps. Now that we have begun exploring in earnest, we are getting glimpses of how huge the questions are, and how far from being answered. Because of this, we are depressed. (49) It is not so bad being ignorant if you are totally ignorant the hard thing is knowing in some detail the reality of ignorance, the worst spots and here and there the not so bad spots, but no true light at the end of the tunnel nor even any tunnels that can yet be trusted.
But we are making a beginning and there ought to be some satisfaction. There are probably no questions we can think up that can’t be answered, sooner or later, including even the matter of consciousness. (50) To be sure, there may well be questions we can’t think up, ever, and therefore limits to the reach of human intellect, but that is another matter. Within our limits, we should be able to work our way through to all our answers if we keep at it long enough, and pay attention.