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下列社会关系中,由民法调整的是(  )。

  • A.甲与乙之间的恋爱关系
  • B.丙与丁之间的租赁关系
  • C.税务机关与纳税人之间的税收关系
  • D.房地产公司与其销售部门之间的管理关系
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答案: B
本题解析:

本题属于基本知识应用题,考核的知识点是民法的调整对象。我国《民法通则》第2条规定:“中华人民共和国民法调整平等主体的公民之间、法人之间、公民和法人之间的财产关系和人身关系”,可见我国民法的调整对象是平等主体之间的人身关系和财产关系。本题中,选项C是行政关系、选项D是管理关系,虽然也涉及财产关系,但这种财产关系的主体地位是不平等的,具有隶属关系或管理关系,因此都不由民法来调整。选项A主体虽是平等的,但不是财产关系,而是道德关系,也不由民法来调整。选项B中,丙与丁之间的租赁关系不存在上、下级之间的隶属关系,也没有管理者与被管理者之间的管理关系,双方在租赁关系中的法律地位是平等的;而且在该租赁关系中,双方的权利义务主要是出租方依租约收取租金,承租方依租约支付租金,体现的是一种财产关系。因此选项B是平等主体之间的财产关系,是民法调整的对象。故选项B是正确的。 【评注】(1)熟记《民法通则》第2条的规定,即我国民法调整的是平等主体的公民之间、法人之间、公民和法人之间的财产关系和人身关系;

(2)准确理解民法调整对象的财产关系和人身关系的特点,将民法调整的法律关系与其他法律关系区别开来。对这个问题的理解主要把握两点:一是要正确理解平等主体的含义,《民法通则》规定的平等主体是指这些主体在设立、变更、终止民事法律关系时,相互之间不是一方领导另一方,或者一方服从另一方,而是法律地位平等的当事人;二是民法只调整社会关系中的人身关系和财产关系,行政关系、管理关系、道德关系等并不由民法来调整。

更新时间:2021-11-28 16:57

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