试题与答案

关于仓储合同的表述,错误的是( )。A.仓储合同的仓储人享有对标的物留置的权利 B.

题型:单项选择题

题目:

关于仓储合同的表述,错误的是( )。

A.仓储合同的仓储人享有对标的物留置的权利

B.仓储人给付仓单,则仓储合同成立

C.仓单的转让必须经过背书

D.存货人逾期提货的,仓储人可以加收仓储费而不必要求存货人承担违约责任

答案:

参考答案:B

解析:[评析] 考查要点是仓储合同。仓储合同属于特殊类型的保管合同,因此,仓储合同没有作出规定的,适用保管合同的有关规定。保管合同的保管人对标的物享有留置权,这意味着仓储合同的仓储人也享有对仓储物的留置权。因此,A项表述正确,排除A项(注意:保管合同、运输合同、行纪合同、仓储合同、加工承揽合同都可以适用留置)。仓储合同属于诺成合同,即只要仓储人和存货人就仓储事宜意思表示一致,合同即告成立,这不同于保管合同,因为保管合同属于实践合同。可见,仓储合同的成立并不以给付仓单作为合同成立的条件,因此,B项表述错误,是正确答案。仓单是代表仓单持有人对存储物享有所有权的物权凭证,谁持有仓单,谁就对存储物享有所有权,即所谓“认单不认人”。按照《合同法》的规定,仓单可以转让,但是必须经过背书。可见,C项表述正确,排除C项。按照《合同法》的规定,存货人逾期提货的,仓储人可以加收仓储费而不必要求存货人承担违约责任,因此,D项表述正确,排除D项。

试题推荐
题型:阅读理解

This is the age of being busy. Many of us live in busy places and have busy lives. Even the roads are busy as we try to get from here to there. Adults are busy going to jobs and taking care of their families. Kids are busy, too, going to school and doing a lot of homework after school and on weekends.

Busy isn’t bad, necessarily. If you are not busy enough you might be bored. But if you are too busy, you might break down. For example, if you have a soccer game that runs late on a school night and you haven’t eaten dinner or done your homework, that’s a not-so-fun kind of busy. We wanted to know what kids thought, so we did a kidsPoll about being busy with 882girls and boys aged 9 to 13.

Almost all of them said they felt stressed because they were too busy. About half said they felt this way once in a while or some of the time. But 17% said they felt this way most of the time and 24% said they felt this all the time! Oh dear, that’s no fun.

Only 4% of kids said they wanted less free time and 18% said they already had just the right amount. But, no big surprise, 61% of kids wish they had a lot more free time. If they had more time, most would spend it hanging out or playing with friends.

Often, adults plan large parts of a kid ’s day, especially during the school year. kids can’t tell their parents they’ll be skipping school(逃学) today to get more free time! But they can tell their parents they’d like to play a game or read a book during their free time instead of watching TV.

小题1:The purpose of the first paragraph is to _____.

A.Introduce the topic

B.Support the main idea

C.Raise the topic sentence

D.Attract the readers’ attention小题2:By giving the example of a late soccer game, the writer intends to tell us______.

A.Being too busy is bad for the kids

B.It is no fun to be busy for the kids

C.Homework should go before gam.

D.Being busy may cause the kids to feel bored小题3:According to the passage, the KidsPoll is done to carry out research on _____.

A.How kids arrange their free time

B.What kids think of being busy

C.How many kids felt stressed

D.What kids do with their study小题4:From the passage, we can infer that the writer agrees kids can_____.

A.Spend their free time hanging or playing out

B.Get a lot more free time from their parents

C.Have a right amount of free time with permission

D.Get more free time from school work sometimes

查看答案
微信公众账号搜索答案