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1、民法学1形成性考核册答案（Answers to the formative assessment book of civil law 1）First, noun interpretation:1, civil law is the sum of the legal norms regulating the property relations and personal relations between citizens, legal persons, citizens and legal persons of equal subjects. It is in the basic law st
2、atus in Chinas legal system.2, joint venture is a joint between enterprises, enterprises and institutions on the basis of equality and voluntariness for the purpose of achieving certain economic goals.3, missing refers to the citizens whereabouts have been unknown for the statutory time limit, the a
3、pplication by the parties, the peoples court in accordance with the statutory conditions and procedures for the declaration of the missing person and the implementation of the civil legal system of property escrow.4, aging refers to the fact that a certain state of facts continues after a certain pe
4、riod of time, there is a certain legal consequences of the system.5, statutory agency refers to the establishment of the law according to the existence of certain social relations.Two, fill in the blanks:The compilation of civil law system 1, refers to the form of civil legislation, namely (civil co
5、de). In essence, civil law refers to all the civil legal norms regulating property relations and personal relations.2, the provisions of the general provisions of the civil code fourth, civil activities should comply with voluntary (Gong Ping), equivalent paid, (good faith) principle.3, the three el
6、ements of civil legal relationship refer to the subject of civil legal relationship, the object of civil legal relationship and the content of civil legal relationship.4, citizens capacity for civil rights is equal.5, in accordance with the provisions of the general principles of the civil law, the
7、parents of minors are minors (guardians).6. When a legal person terminates, it shall carry out (liquidation) according to law and stop the activities (outside the scope of liquidation).7. Revocable civil acts include civil acts of gross misunderstanding and unfair civil actions.8, the general princi
8、ples of civil law stipulates that the entrusted agency of civil juristic act can be used in written form or in oral form. Legal provisions (written form) should be used (written form).9. The term in civil law can be divided into legal period, appointed period and prescribed period according to the d
9、etermination of the term.Three, multiple-choice questions:1, the general provisions of the civil law limit the capacity of civil behavior refers to minors (more than 10 years of age), (can not fully identify their own behavior of mental patients).2. The interested party applies to the peoples court
10、for declaring that the citizen is the missing person, and the citizen must be unaccounted for (two years).3, in civil law, the house belongs to (real estate).4, Zhang Xishui, accidentally fell into the water rushed for help, after Yang, asked Zhang to pay 10 thousand yuan RMB save Zhang, Zhang Wunai
11、 agreed to pay, then Zhang Yang, the pay is (invalid civil behavior).5. The special limitation of action stipulated in the general provisions of the civil law is applicable to the compensation for bodily injury, the sale of substandard goods, and the delay of payment or refusal of rent.6, the genera
12、l provisions of the civil law (citizens aged 16 years and above 18 years of age), (with their labor income as the main source of life) as a person with full capacity for civil conduct.7, the law (citizens leave their homes for 4 years unknown), interested parties may apply for declaration of death.8
13、. The reasons for the termination of the legal person are (revoked according to law), (dissolved), and declared bankrupt.Four. Questions and answers:1, what is the valid condition of civil juristic act?Answer: the behavior has a corresponding capacity for civil conduct; the true meaning; the content
14、 of civil legal act does not violate the law or public interest; the statutory form.2. Briefly describe the difference between civil rights and civil rightsAnswer 1: the capacity for civil rights is only a qualification, is the law entrusts with the civil subject has the possibility of obtaining the
15、 actual benefits. This qualification is generally enjoyed by civil subjects regardless of whether they actually participate in civil legal relations. Civil rights are the actual benefits enjoyed by civil subjects in specific civil legal relations,It must be achieved through practical action to creat
16、e the unity or; capacity for civil rights in the enjoyment of rights and obligations of the qualification qualification. The civil right and the civil obligation are corresponding to each other in the specific civil legal relationship, and they are independent of two different concepts. The capacity for civil rights is a legal qualification, it has nothing to do with c
