202 1 Collection of Analysis of Legal Examination Questions

I. Multiple choice questions

1. Zhang is 70 years old and Wang (female) is 25 years old. After the marriage, I agreed to give a set of river view villas under my name to the woman, and I agreed to give the house to the woman without changing my mind. After the marriage, Zhang gave the house as agreed and registered the transfer. Unexpectedly, the woman's temperament changed greatly, and she became more and more indifferent to Zhang Yue. Excuse me, the following is correct:

A. the gift contract is invalid.

B. the gift contract can be revoked.

C. the gift contract violates good habits.

D. Wang acquired the ownership of the house.

Reference answer

1, test center gift contract; Public order and good customs

difficulty

Answer BD

Analysis: In this question, the gift contract does not have the invalid reasons stipulated in Article 52 of the Contract Law, so the gift contract is not invalid. Error a, not elected.

The house has been registered for transfer, and there is no application for arbitrary cancellation right. What is stipulated in Article 192 1 of the Contract Law? In any of the following circumstances, the donor may revoke the gift: (1) seriously infringing on the donor or the donor's close relatives; (two) the donor has the obligation to support and fails to perform; (3) Failing to perform the obligations stipulated in the gift contract? . The title does not meet the above three conditions, so Zhang Can can't decide the right of cancellation. However, according to? Unexpectedly, after the woman donated, her temperament changed greatly, and she became more and more indifferent to Zhang Yue. It can be seen that the woman seems to have registered marriage with Zhang for the purpose of defrauding real estate, and Zhang is seventy years old, so it is hard to say that she has true feelings. It has been stated in the title that the woman should not change her mind about Zhang after receiving the gift, which can be regarded as a gift with obligations, while the indifference of the woman after receiving the gift can be regarded as a failure to fulfill the agreed obligations, and the gift contract is terminated based on the failure to fulfill the obligations. B and d are correct and elected.

Paragraph 2 of Article 153 of the General Principles of Civil Law stipulates? Is a civil legal act that violates public order and good customs invalid? . In this topic, although Zhang is old, in order to marry the king, agreeing to give the villa to the woman does not violate public order and good customs. If it is mentioned in the title that Zhang forced the king to marry him on the condition of giving away the villa in order to achieve the purpose of marrying the king, it would be a violation of public order and good customs. Error in item C, not selected.

Therefore, this question chooses BD.