债的概述 债的履行（An overview of debts; the performance of debts）.doc

债的概述 债的履行（An overview of debts; the performance of debts） An overview of debts; the performance of debts 1. multiple-choice questions: what are the main differences between the contract obligation and tort obligation? A, the debt of the contract is determined debt, the debt of infringement is legal debt B, the debt of the contract is to show freedom of contract, and the obligation of tort is to protect the civil rights C, the burden of proof of the contract lies in the fact that the defaulting party has no fault, and the debt of the tort is generally proved by the victim and the perpetrator is at fault D, breach of contract is generally omission, and infringement is manifested as act Reference: A, B Answer: compared with the contractual obligation, tort obligation has the following characteristics: (1) it is illegal behavior caused by the nature of the illegal act; and contract debt caused by legal behavior; (2) the tort obligation caused by unilateral acts of perpetrators, victims and has nothing to do with the meaning of behavior; and the debt of the contract shall be meaning that both parties agree; (3) the tort obligation is a legal obligation. It is based on the regulations of law and contractual obligation for any legal obligation, generally do not make mandatory provisions; (4) the tort obligation for the damages, with compensation for the loss of role: the basic content of contract debt The property of the property is the property of the debtor, and the objective of the debtors performance is to make the creditor obtain the agreed interest. 2. multiple-choice questions: Beijing factory and Beijing ethylene factory requires two diesel factory signed with a fuel company C a contract, agreed a C fuel company in one month supply No. 0 or No. 10 diesel 1000 tons. The price is 1600 yuan per ton. After the delivery of the diesel, a plant and B plant are assigned 4:6, the contract debt is. A, the debt of the majority B, the debt of the shares C, the debt of choice D