There are many knowledge points examined in the subject of "Engineering Regulations" of the second-level constructor, and today I will bring you the right to use construction land, the termination of the construction project, the special construction plan of the critical project, the interest of the loan contract, the transfer of jurisdiction, the bad behavior of the construction enterprise business contract, the insurance claim, arbitration and mediation, the exclusive right to use the trademark, etc.
1. [Multiple choice question] The right to use construction land ( ) is established.
a.Occupation. b.Check in.
c.Application. d.Use.
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Correct answer: B
Answer analysis: The right to use construction land is established from the time of registration.
2. [Multiple choice question] The circumstances under which the construction project is terminated are ( ).
a.The person being ** loses the capacity for civil conduct.
b.**Matters are difficult to complete.
c.Force majeure occurs.
d.** Person resigns from the commission.
Correct answer: d
Answer analysis: ** person resigns from the commission, ** behavior terminates.
3. [Multiple choice question] According to the "Regulations on the Safety Management of Dangerous Sub-projects", the statement about the special construction plan of dangerous projects is correct ( ).
a.If a critical project is subcontracted, the special construction plan shall be organized and prepared by the relevant professional subcontracting unit.
b.If the general construction contract is implemented for the critical project, the special construction plan shall be prepared by the general construction contractor.
c.The special construction plan organized and prepared by the subcontractor shall be signed by the person in charge of the subcontractor and stamped with the official seal of the unit.
d.For critical projects exceeding a certain scale, the construction unit shall organize an expert meeting to demonstrate the special construction plan.
Correct answer: B
Answer analysis: If the dangerous project is subcontracted, the special construction plan can be organized and prepared by the relevant professional subcontracting unit, so a is wrong;If the critical project is subcontracted and the subcontractor prepares a special construction plan, the special construction plan shall be jointly reviewed and signed by the technical person in charge of the general contractor and the technical person in charge of the subcontractor and stamped with the official seal of the unitd should be organized for the construction unit.
4. [Multiple choice questions] Regarding the statement about the exclusive right to use trademarks, the correct ones are ( ).
a.The exclusive right to use a trademark includes two aspects: the right to use and the right to prohibit.
b.A registered trademark is valid for 10 years from the date of approval of registration.
c.The exclusive right to use a trademark is the right enjoyed by the trademark owner to the trademark of its design.
d.The owner of the exclusive right to use the trademark may transfer the trademark together with the enterprise or goodwill at the same time, or may transfer the trademark separately.
e.The content of the exclusive right to use a trademark includes property rights and personal rights.
Correct answers: a, b, d
Answer analysis: The content of the exclusive right to use a trademark only includes property rights, so it is wrong. The exclusive right to use a trademark includes two aspects: the right to use and the right to prohibit. The exclusive right to use a trademark refers to the specific rights enjoyed by the trademark owner to the registered trademark, so the mistake is in the design of the trademark.
5. [Multiple choice question] Regarding the statement of arbitration and mediation, the correct one is ( ).
a.The legal effect of an arbitral award is higher than that of an arbitration and mediation agreement.
b.If an agreement is reached through arbitration and mediation, the arbitral tribunal shall prepare an award based on the content of the agreement.
c.If the parties repent before the receipt of the arbitration and mediation signature, the parties shall reapply for arbitration.
d.The arbitration and mediation statement shall take legal effect after it is signed and received by both parties.
Correct answer: d
Answer analysis: The arbitration mediation statement and the arbitration award have the same legal effect, so A is wrong;If an agreement is reached through mediation, the arbitral tribunal shall prepare a statement of conciliation or an award based on the result of the agreementIf the parties repent before the mediation is signed, the arbitral tribunal shall make an award in a timely manner, so C is wrong.
6. [Multiple choice question] Regarding the statement of insurance claims, the correct one is ( ).
a.The policyholder can file a claim against the insurer at any time after the occurrence of the insured event.
b.The policyholder only needs to collect evidence after the insured event has occurred.
c.If the repair cost of the insured property specified in the insurance policy exceeds the amount of compensation, the full amount of compensation shall be made according to the repair cost.
d.If a construction project is underwritten by more than one insurance company at the same time, a claim shall be filed with different insurance companies in accordance with the agreed proportion.
Correct answer: d
Answer analysis: The policyholder, the insured or the beneficiary shall notify the insurer in a timely manner after knowing the occurrence of the insured event. This is closely related to the success of the claim, so it is a mistake;After the occurrence of the insurance event, when the insurer is requested to compensate or pay insurance money in accordance with the insurance contract, the policyholder, the insured or the beneficiary shall provide the insurer with the proof and materials that it can provide to confirm the nature, cause and extent of loss of the insured event. This requires the policyholder to pay attention to the collection and preservation of evidence in daily management, so it is wrongIf the property is not completely damaged or lost, but the damage has reached the point where it cannot be repaired, or although it can be repaired, the repair cost will exceed the amount of compensation, the claim should also be made according to the total loss, so C is wrong.
7. [Multiple choice question] A construction enterprise and B steel ** business to enter into a steel procurement contract, the contract price is 10 million yuan, the agreed deposit is 3 million yuan, A actually pays a deposit of 1 million yuan, B starts to deliver goods in accordance with the contract, in the process of contract performance, the two parties have disputes. Regarding the statement of the deposit in this case, it is correct ( ).
a.The deposit of 3 million yuan agreed by the two parties is invalid because it exceeds 20% of the contract price.
b.The amount of the deposit deemed to have been changed is 2 million yuan.
c.If B breaches the contract and the purpose of the contract cannot be realized, 2 million yuan shall be returned to A.
d.If A breaches the contract and the purpose of the contract cannot be realized, B shall be paid 1 million yuan.
Correct answer: c
Answer analysis: The amount of the deposit shall be agreed upon by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not produce the effect of the deposit. If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit. If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.
8. [Multiple choice question] Among the following behaviors, the bad behavior of business contracting of construction enterprises is ( ).
a.Contracting projects beyond the qualification level of the unit.
b.Other units or individuals are allowed to contract projects in the name of their own units.
c.Failure to perform obligations in accordance with the contract signed with the tenderer, and the circumstances are serious.
d.Altering, forging, lending, or transferring the "Construction Enterprise Qualification Certificate".
Correct answer: c
Answer analysis: Criteria for determining bad behavior in contracting business: (1) Contracting business by improper means such as bribery, providing kickbacks or giving other benefits to the contracting unit and its staff;(2) Collusion in bidding with each other or with the tenderer, to the tenderer or the member of the bid evaluation committee to bribe the means to seek to win the bid;(3) Bidding in the name of others or otherwise deceptively to win the bid;(4) Failure to perform obligations in accordance with the contract signed with the tenderer, and the circumstances are serious;(5) Subcontracting or illegally subcontracting the contracted project.
9. [Multiple choice question] Regarding the statement about the transfer of jurisdiction, the correct one is ( ).
a.The transfer of jurisdiction is limited to the lower and lower courts.
b.The procedure for transfer of jurisdiction is exactly the same as for the transfer of jurisdiction.
c.Transfer of jurisdiction is the transfer of a case to a court of competent jurisdiction by a court without jurisdiction.
d.Where the court receiving the transfer finds that the transferred case is not within the jurisdiction of that court, it may transfer it again on its own.
Correct answer: c
Answer analysis: There are two kinds of transfer jurisdiction: one is the transfer of jurisdiction between people's courts at the same level, which is generally caused by territorial jurisdiction;The other is the transfer of jurisdiction between the people's courts at the lower and lower levels, which is generally caused by the reasons of the level of jurisdiction. Therefore, a wrong;Option b is different between the two;The transfer of jurisdiction is different from the transfer of jurisdiction: (1) the transfer of jurisdiction is the transfer of the case to the court with jurisdiction by a court without jurisdiction, and the transfer of jurisdiction is the transfer of the case by a court with jurisdiction to the court that originally did not have jurisdiction for trial;(2) The transfer of jurisdiction may occur between the lower and lower courts or between the courts at the same level, and the transfer of jurisdiction is limited to the lower and lower courts. Where the people's court receiving the transfer finds that the transferred case does not fall within the jurisdiction of that court in accordance with provisions, it shall report to the people's court at the level above to designate jurisdiction, and must not transfer it on its own. Therefore, d is wrong.
10. [Multiple choice question] Regarding the statement about the interest of the loan contract, the correct one is ( ).
a.The interest on the borrowed money can be deducted from the principal amount in advance.
b.If there is no agreement on the time limit for the payment of interest, it shall be paid at the same time as the loan is returned.
c.If the borrower returns the loan in advance, it shall pay interest in accordance with the period agreed in the loan contract.
d.If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest.
Correct answer: d
Answer analysis: Option A cannot be deducted from the principal in advance;If there is no agreement on the time limit for the payment of interest or the agreement is not clear, it may be supplemented by agreement;If no supplementary agreement can be reached, it shall be determined in accordance with the relevant terms of the contract or transaction Xi. If a supplementary agreement cannot be reached or cannot be determined in accordance with the relevant terms of the contract or transaction Xi, and the loan period is less than one year, it shall be paid together with the return of the loan;If the loan period is more than 1 year, it shall be paid at the expiration of each year, and if the remaining period is less than 1 year, it shall be paid together when the loan is returnedIf the borrower returns the loan in advance, unless otherwise agreed by the parties, the interest shall be calculated according to the actual period of the loan, so C is wrong.
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