Information system project managers must recite the core examination site (50). The contract content is not clearly stipulated

Kekeguo brings you the core key test site of soft exam information system project manager （ Fifty ） Unclear provisions in the contract , Including mind map + The real question

 【 Information system project manager core examination site 】 Unclear provisions in the contract

1. Unclear quality requirements , According to the national standard 、 Industry standard implementation ; There is no national standard 、 Industry standard , Perform in accordance with the usual standards or in accordance with the specific standards of the contract

2. The price or remuneration is unclear , Perform in accordance with the market price at the place of performance at the time of conclusion of the contract ; The government fixed price or government guided price shall be implemented according to law , Perform... As required

3. The place of performance is unclear , Payment of money , Perform... At the location of the party receiving the currency ; Delivery of real estate , Perform... At the location of the real estate ; Other subject matter , Perform... At the location of the party performing the obligation

4. Where the time limit for performance is not clear , The debtor may perform at any time , Creditors may also demand performance at any time , But give the other party the necessary time to prepare

5. The method of performance is not clear , Perform in a manner conducive to the realization of the purpose of the contract

6. The burden of performance costs is unclear , Borne by the party performing the obligation

【 Mind map of core test site 】

 【 Core test site real questions 】

1. After the contract comes into effect , The parties concerned are concerned about quality 、 Price or remuneration 、 The place of performance and other contents are not agreed or clearly agreed , It can be supplemented by an agreement ; A supplementary agreement cannot be reached , according to ( ) Or the trading habits are determined .

A、 the principle of equity B、 Project change process C、 The result of third-party mediation D、 Relevant terms of the contract

【 answer 】D

【 analysis 】 basis “ The contract law of the people's Republic of China ” The following provisions of Article 61 :

“ After the contract comes into effect , The parties concerned are concerned about quality 、 Price or remuneration 、 The place of performance and other contents are not agreed or clearly agreed ,

May be supplemented by an agreement ; A supplementary agreement cannot be reached , It shall be determined according to the relevant terms of the contract or trading habits .” The correct choice for this question is D

2. according to 《 The contract law of the people's Republic of China 》, In the following statement ,( ) It's not true

A、 The price or remuneration is unclear , Perform in accordance with the market price at the place of performance at the time of conclusion of the contract ; The government fixed price or government guided price shall be implemented according to law , Perform... As required

B. The place of performance is unclear , Payment of money , Perform at the place where Party B delivers the currency ; Delivery of real estate , Perform... At the location of the real estate ; Other subject matter , Perform... At the location of the party performing the obligation

C. Where the time limit for performance is not clear , The debtor may perform at any time , Creditors may also demand performance at any time , But give the other party the necessary time to prepare

D. The method of performance is not clear , Perform in a manner conducive to the realization of the purpose of the contract

【 answer 】B

【 analysis 】《 The contract law of the people's Republic of China 》 Article 62 The parties' agreement on the contents of the contract is not clear , If it is still uncertain in accordance with the provisions of Article 61 of this Law , The following provisions apply :

( One ) Unclear quality requirements , According to the national standard 、 Industry standard implementation ; There is no national standard 、 Industry standard , Perform in accordance with the usual standards or specific standards consistent with the purpose of the contract .

( Two ) The price or remuneration is unclear , Perform in accordance with the market price at the place of performance at the time of conclusion of the contract ; The government fixed price or government guided price shall be implemented according to law , Perform... As required . therefore A That's right. .

( 3、 ... and ) The place of performance is unclear , Payment of money , Perform... At the location of the party receiving the currency ; Delivery of real estate , Perform... At the location of the real estate ; Other subject matter , Perform... At the location of the party performing the obligation . therefore B It's wrong. , It is not performed at the place where Party B delivers the currency , It is performed at the location of the party receiving the currency .

( Four ) Where the time limit for performance is not clear , The debtor may perform at any time , Creditors may also demand performance at any time , But give the other party the necessary time to prepare . therefore C That's right. .

( 5、 ... and ) The method of performance is not clear , Perform in a manner conducive to the realization of the purpose of the contract . therefore . That's right. .

( 6、 ... and ) The burden of performance costs is unclear , Borne by the party performing the obligation .