2022 Second Construction Registration Work is in progress, and there are only more than two months left before the exam. It is too late to not prepare for the exam. @National Second Construction candidates, Youlu Education is asking you to come back to memorize the test site.
Today, the editor has compiled for you several important knowledge points in the first chapter of "Laws and Regulations". Come and see if you have mastered it?
Regulations Chapter 1 Important Test Points Clarification②
Test Point 13: Conditions for granting patent rights
1. Patented inventions and utility model should have novelty, creativity and practicality
2. In addition to novelty, the appearance design should also have two conditions: beautiful and suitable for industrial applications
Exercise: Patented inventions and utility models should have ( ).
A. Exclusive
B. Novelity
C. Creative
D. Advanced
E. Practical
[Answer] BCE
[Analysis] Option AD is wrong, the conditions for granting invention patents and utility model patents are: novelty, creativity, and practicality. [Source of Exam Point] Chapter 1 Section 6 Construction Project Intellectual Property System
Test Point 14: Trademark Right
1. Trademark exclusive right refers to the specific rights enjoyed by the trademark owner on the registered trademark
2. The content of the trademark exclusive right only includes property rights, the trademark designer's Personal rights are protected by the Copyright Law
3. The exclusive right of trademarks includes two aspects: the right to use and the right to prohibit
4. The protection object of the exclusive right of trademarks is a trademark approved and registered by the state trademark management authority. Trademarks that have not been registered without approval are not protected by the Trademark Law
5. The validity period of a registered trademark is 10 years and is calculated from the date of approval and registration. If the registered trademark expires and needs to be used, it shall apply for renewal registration within 12 months before the expiration of the period; if the application is not submitted during this period, a 6-month extension period may be given. If the registered trademark is transferred, the transferor and the transferee shall jointly apply to the Trademark Office for
7. The trademark exclusive right holder may transfer the trademark together with the enterprise or goodwill at the same time, or may transfer the trademark separately
Exercise: The correct statement about trademark exclusive right is ().
A. Trademark exclusive right includes two aspects: the right to use and prohibition right
B. The validity period of a registered trademark is 10 years, and the
C is calculated from the date of approval and registration. Trademark exclusive right is the right enjoyed by the trademark owner for the trademark designed by it
D. The trademark exclusive right holder may place the trademark To transfer the trademark at the same time together with the enterprise or goodwill, the trademark can also be transferred separately
E. The content of the exclusive right of the trademark includes property rights and personal rights
[Answer] ABD
[Analysis] Trademark exclusive right refers to the exclusive right enjoyed by the trademark registrant on his registered trademark. The content of trademark exclusive rights only includes property rights, and the personal rights of trademark designers are protected by the " Copyright Law ". [Source of Exam Points] Chapter 1 Section 6 Construction Project Intellectual Property System
Test Point 15: Copyright subject
1. The copyright of the unit's works is completely owned by the unit. For example, bidding documents and bidding documents are often the unit's works
2. Generally speaking, the copyright of the work of the job is enjoyed by the author, but the legal person or non-legal person organization has the right to use it first within its business scope.Within two years of completion of the work, the author shall not allow a third party to use the work in the same way as the unit uses without the consent of the unit.
3. If any of the following circumstances occurs, the author enjoys the right to name the copyright. Other rights to copyright are enjoyed by the legal person or the non-legal person organization. The legal person or the non-legal person organization may give the author reward: (1) Mainly created by engineering design drawings, product design drawings, maps, diagrams, computer software and other professional works that are mainly created using the material and technical conditions of the legal person or the non-legal person organization and are responsible by the legal person or the non-legal person organization; (2) Professional works created by staff of newspapers, journals, news agencies, radio stations, and television stations; (3) Professional works that are enjoyed by legal person or other organizations based on copyright stipulated by laws, administrative regulations or contracts.
4. The copyright ownership of works created by the principal and the trustee shall be agreed through a contract. If the contract is not clearly agreed or the contract is not concluded, the copyright belongs to the trustee.
Exercise: A certain design institute appointed Zhang, an engineer from this institute, to design a residential building for the construction unit. The design contract does not stipulate the ownership of the design drawing copyright, and the copyright of the design drawing belongs to ().
A. Zhang
B. Design Institute
C. Construction unit
D. The construction unit and design institute jointly owned
[Answer] B
[Analysis] entrusted works, the ownership of the copyright shall be agreed by the principal and the trustee through the contract. If the contract is not clearly agreed or the contract is not concluded, the copyright belongs to the trustee. [Source of Examination Points] Chapter 1 Section 6 Construction Project Intellectual Property System
Test Point 16: Guarantee Method
The parties agreed in the guarantee contract that the guarantor shall bear the guarantee liability when the debtor cannot perform the debt, which is the general guarantee. The guarantor of a general guarantee has the right to refuse to assume guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated and the debtor's property is still unable to perform its obligations in accordance with the law, except wherever there are: (1) The debtor's whereabouts are unknown and there is no property for execution; (2) The people's court has accepted the debtor's bankruptcy case; (3) The creditor has evidence to prove that the debtor's property is not sufficient to perform all the debts or lose the ability to perform the debts; (4) The guarantor expresses in writing that the right is waived.
If the parties agree in the guarantee contract that the guarantor and the debtor bear joint and several liability for the debt, the joint and several liability guarantee shall be guaranteed. If the debtor fails to perform the due debt or the circumstances agreed by the parties occur, the creditor may request the debtor to perform the debt, or may request the guarantor to assume the guarantee liability within the scope of its guarantee.
If the parties have no agreement on the guarantee method or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability in accordance with the general guarantee.
Exercise: The guarantor of a general guarantee has no right to refuse to assume guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated and the debtor's property is still unable to perform the debt in accordance with the law. The circumstances include ( ) .
A. The whereabouts of the debtor are unknown and have no property available for execution
B. The guarantor verbally expresses his waiver of the rights of the general guarantor
C. The people's court has accepted the debtor's bankruptcy case
D. The creditor has evidence to prove the debtor's wealth The creditor has insufficient to fulfill all debts.
E. The creditor has evidence to prove that the debtor has lost the ability to fulfill debts.
[Answer] ACDE
[Analysis] Option B is incorrectly expressed in oral terms and should be a written statement.The guarantor of a general guarantee has the right to refuse to assume guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated and the debtor's property is unable to perform its obligations in accordance with the law, except wherever there are: (1) The debtor's whereabouts are unknown and there is no property for execution; (2) The people's court has accepted the debtor's bankruptcy case; (3) The creditor has evidence to prove that the debtor's property is not sufficient to perform all the debts or lose the ability to perform the debts; (4) The guarantor expresses in writing that he waives the rights stipulated in this paragraph. [Source of the test site] Chapter 1, Section 7, Construction Project Guarantee System,
, Test Point 17: Mortgage
, The following property that the debtor or a third party has the right to dispose of can be mortgaged: (1) Buildings and other land attachments; (2) Construction land use rights; (3) The right to use sea areas ; (4) Production equipment, raw materials, semi-finished products, products; (5) Buildings, ships, aircraft under construction; (6) Transportation tools; (7) Other property that is not prohibited by laws and administrative regulations.
If mortgages the property stipulated in items (1) to (3) above or the building under construction stipulated in item (5), the mortgage registration shall be processed. mortgage right is established at the time of registration. If
mortgages with movable property, the mortgage right shall be established when the mortgage contract takes effect; without registration, no good faith third party shall be opposed.
Exercise: When mortgaged property, the mortgage right is established when the mortgage contract takes effect include ().
A. Right to use construction land
B. Raw materials
C. Tools of transportation
D. Production equipment
E. Building under construction
[Answer] BCD
[Analysis] If movable property is mortgaged, the mortgage right shall be established when the mortgage contract takes effect; without registration, no good faith third party shall be opposed. [Source of Examination Points] Chapter 1 Section 7 Construction Project Guarantee System
Test Point 18: Lien
Lien refers to the creditor occupying the debtor's movable property in accordance with the contract. If the debtor fails to perform the debt within the time limit stipulated in the contract, the creditor has the right to retain the property in accordance with the law, and is paid first at the discount of the property or at the price of auction or sale of the property.
" Civil Code " stipulates that the lien holder and the debtor shall agree on the debt performance period after 's lien property ; if there is no agreement or the agreement is unclear, the lien holder shall give the debtor a period of more than 60 days to perform the debt, except for movable property such as fresh perishable property that is difficult to keep. If the debtor fails to perform the performance within the time limit, the lien holder may agree with the debtor to discount the lien property, or may be paid first for the price obtained from the auction or sale of the lien property.
The lien holder has the obligation to properly keep the lien. If the lien is lost or damaged due to poor storage, the lien holder shall bear civil liability.
Exercise: The correct statement about retention is ().
A. The subject of the lien is real estate
B. The possession of the property is not transferred. The difference between lien and pledge
C. The lien holder has the obligation to properly keep the lien property
D. If the debtor fails to perform within the deadline, the lien holder can only agree with the debtor to Retained property discount
[Answer] C
[Analysis] Lien refers to the guarantee method in which the creditor possesses the debtor's movable property in accordance with the contract and the debtor fails to perform the debt within the time limit stipulated in the contract, the creditor has the right to be paid first at the discount of the property or at the price of selling or auctioning the property.[Source of Examination] Chapter 1 Section 7 Construction Project Guarantee System
Test Point 19: Deposit
1. The deposit contract is established when the actual deposit is delivered
2. If the party paying the deposit fails to perform the debt or performs the debt inconsistent with the agreement, resulting in the inability to achieve the purpose of the contract, he has no right to request the return of the deposit; if the party receiving the deposit fails to perform the debt or performs the debt inconsistent with the agreement, resulting in the failure to achieve the purpose of the contract, the deposit shall be returned twice.
3. The amount of deposit shall be agreed upon by the parties, but shall not exceed 20% of the subject matter of the main contract. The excess part shall not result in the effect of the deposit. If the actual amount of deposit delivered is more than or less than the agreed amount, it shall be deemed to be the change of the agreed amount.
Exercise: Construction Company A and Building Materials Science Company B have entered into a construction materials sales contract, with a total contract price of 3 million yuan, and the two parties agreed that the deposit was 800,000 yuan. After the contract was concluded, A paid a deposit of 550,000 yuan to B. Regarding the statement of deposit in this contract, the correct one is ().
A. The deposit contract was established when the contract was concluded
B A should pay the contract deposit of 50,000 yuan
C. A should pay the contract deposit of 250,000 yuan
D. The amount of the deposit was deemed to be changed to 550,000 yuan
[Answer] D
[Analysis] The option of A is wrong, and the deposit contract is established from the date of actual delivery of the deposit. If options B and C are incorrect, if the actual deposit amount delivered is more than or less than the agreed amount, it shall be deemed to be a change of the agreed deposit amount. [Source of Exam Points] Chapter 1, Section 7, Construction Project Guarantee System
Test Point 20: Insurance Contract
Insurance Contract refers to the agreement between the insured and the insurer to agree on the insurance rights and obligations. A policyholder refers to a person who enters an insurance contract with the insurer and has the obligation to pay insurance premiums in accordance with the insurance contract. An insurer refers to an insurance company that enters an insurance contract with the insured and bears liability for compensation or payment of insurance benefits.
Insured refers to a person whose property or person is protected by an insurance contract and enjoys the right to claim insurance. The insured may be the insured. The beneficiary refers to the person who enjoys the right to claim insurance premiums designated by the insured or the insured in 's personal insurance contract. The insured and the insured may be the beneficiaries.
Exercise: The correct statement about insurance subjects is ().
A. The insured has the obligation to pay insurance premiums
B. The insured may be inconsistent with the insured
C. The beneficiary should be the insured
D. The insured shall not have more than two
[Answer] B
[Analysis] 5 Insured refers to the person whose property or person is protected by an insurance contract and enjoys the right to claim insurance premiums. The insured may be the insured. A policyholder refers to a person who enters an insurance contract with the insurer and has the obligation to pay insurance premiums in accordance with the insurance contract. A beneficiary refers to a person designated by the insured or the insured in the personal insurance contract and enjoys the right to claim insurance premiums. The insured and the insured may be the beneficiaries. [Source of the test site] Chapter 1 Section 8 Construction Project Insurance System
Test Site 21: Insurance Liability Scope
Insurer is responsible for compensation for losses and expenses caused by the following reasons:
(1) Natural events refer to earthquakes, tsunamis, thunder, hurricane , typhoon , tornadoes, storms, rainstorms, floods, floods, freezing disasters, hail, ground collapses, land collapses, avalanches, volcanic eruptions, ground sinking and sinking and other irresistible natural phenomena;
(2) An accident refers to an unexpected incident that cannot be controlled by the insured and caused material losses or personal casualties, including fires and explosions.
Exercise: Among the losses and expenses, the insurance liability scope of is ().
A. Cases and deaths of construction enterprises caused by explosion
B. Loss and expenses caused by design errors
C. Loss and expenses of insurance property caused by spontaneous combustion
D. Maintenance costs
[Answer] A
[Answer] Ahtml l0 [Analysis] The insurer is responsible for compensation for losses and expenses caused by the following reasons: (1) Natural events refer to earthquakes, tsunamis, thunder, hurricanes, typhoons, tornadoes, storms, heavy rainstorms, floods, floods, freezing disasters, hail, ground collapses, land collapses, avalanches, volcanic eruptions, ground sinking and sinking and other irresistible destructive natural phenomena; (2) Accidents refer to unpredictable and sudden events that cannot be controlled by the insured and cause material losses or personal casualties, including fires and explosions. [Source of Examination Site] Chapter 1 Section 8 Construction Project Insurance SystemTest Site 22: Insurance term
All insurance liability for construction projects starts when the insurance project starts at the construction site or the materials and equipment used for the insurance project arrive at the construction site, and terminates when the project owner issues a completion acceptance certificate or passes the acceptance certificate for some or all of the projects, or the project owner actually occupies or uses or receives the part or all of the projects, whichever occurs first. However, in no case, the start or termination of the insurance period shall not exceed the effective date or termination date of the insurance specified in the insurance policy list.
Exercise: A construction unit signed a construction contract with a construction company , with an agreed date of start-up on May 10, 2018, and signed a construction project insurance contract with the insurance company on May 15. On July 20 of the same year, the construction company transported the construction materials to the construction site. The actual start date is August 10 of the same year, and the starting date of all insurance liability for the construction project is ().
A. May 10, 2018
B. May 15, 2018
C. July 20, 2018
D. August 10, 2018
【Answer Case】C
【Analysis】 The insurance liability for all insurance in construction projects starts when the insurance project starts at the construction site or the materials and equipment used for the insurance project arrive at the construction site, and terminates when the project owner issues a completion acceptance certificate or passes the acceptance certificate for some or all of the projects, or the project owner actually possesses or uses or receives the part or all of the projects, whichever occurs first. However, in no event shall the initiation or termination of the insurance period exceed the effective date or termination date listed in the insurance policy details list. [Source of the test site] Chapter 1, Section 8, Construction Project Insurance System,
, Test point 23: Basic types and characteristics of legal liability
1. The main ways to assume civil liability are: (1) Stop infringement; (2) Eliminate obstacles; (3) Eliminate dangers; (4) Return property; (5) Restore original state; (6) Repair, rework, replace; (7) Continue to perform; (8) Compensate for losses; (9) Pay liquidated damages; (10) Eliminate impacts and restore reputation; (11) Apologize.
2. Types of administrative penalties: (1) Warning and criticism; (2) Fine; Confiscation of illegal gains and confiscation of illegal property; (3) temporary custody of licenses, lower qualification level, and revocation of licenses; (4) restrict production and operation activities, order suspension of production and business, order closure, and restriction of employment; (5) administrative detention of ; (6) other administrative penalties stipulated by laws and administrative regulations.
3. The punishment is divided into main punishment and additional punishment . The types of main punishments are as follows: (1) control; (2) detention; (3) fixed-term imprisonment ; (4) life imprisonment ; (5) death penalty . The types of additional sentences are as follows: (1) fines; (2) deprivation of political rights; (3) confiscation of property; (4) deportation.
Exercise: The following methods of liability assumed are administrative penalties ().
A. Detention
B. Fine
C. Stop infringement of
D. Order the suspension of production and business
[Answer] D
[Analysis] Options A and B are criminal liability. Option C is a civil liability. [Source of the Examination Point] Chapter 1 Section 9 Legal Liability System for Construction Projects
Test Point 24: Types and methods of criminal liability for construction projects
1. Crime of major safety accidents for engineering: Construction unit, design unit, construction unit, and engineering supervision unit violates national regulations, lowers project quality standards, and causes Major safety accidents
2. Major liability accident crime : Violating relevant safety management regulations in production and operation, forcing others to take risks in violation of regulations, or knowing that there are major accident hazards but not excluding them, thus occurring Major casualties or other serious consequences
3. Major labor safety accident : Safety facilities or safety conditions do not comply with national regulations, and major casualties or other serious consequences
4. Collusion in bidding : Bidders collude to bid quotation, harming the interests of the bidder or other bidders; Bidders collude to bid with the bidder, harming the legitimate interests of the state, collectives, and citizens
Exercise: Among the following accidents occurring in construction enterprises, the crime of major safety accidents in engineering is ( ).
A. Labor operator Wang accidentally fell from the upper floor during construction
B. The construction company did not take protective and warning measures for the steel bars on the exposed ground, causing passerby Li to fall seriously injured
C. The construction quality of the construction company's construction does not meet the standards, causing the building to collapse, kill and injured many people
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D. Labor operator Zhang poisoned the construction site canteen, causing labor operators to be poisoned
[Answer] Chronicle safety accident crime of the project refers to the act of the construction unit, design unit, construction unit, and engineering supervision unit in violation of national regulations, lowering the project quality standards, and causing major safety accidents. [Source of Exam Points] Chapter 1, Section 9, Construction Project Legal Liability System
