问题 问答题

如果亚太公司在人民法院采取保全措施后5日内不起诉,人民法院应当如何处理北美公司若因亚太公司在法定期间内没有起诉而遭受了财产损失,如15日后钢板价格暴跌,北美公司应向哪个人民法院起诉,要求亚太公司赔偿损失

答案

参考答案:如果亚太公司不在15日内起诉,H市丙区法院应当解除财产保全;本案中,若亚太公司不在法定期间起诉,北美公司因诉前财产保全而蒙受损失,北美公司应向采取该财产保全措施的H市丙区人民法院起诉。

解析:
  对于第三个问题,根据《民事诉讼法》第93条第3款规定,“申请人在人民法院采取保全措施后 15日内不起诉的,人民法院应当解除财产保全。”因此,如果亚太公司不在15日内起诉,H市丙区法院应当解除财产保全。《民诉意见》第32条规定:“当事人申请诉前财产保全后没有在法定的期间起诉,因而给被申请人造成财产损失引起诉讼的,由采取该财产保全措施的人民法院管辖。”本案中,若亚太公司不在法定期间起诉,北美公司因诉前财产保全而错失销售良机,蒙受损失,北美公司应向采取该财产保全措施的H市丙区人民法院起诉。

阅读理解

More than 20,000 drivers and front seat passengers are killed or seriously injured each year. At a speed of only 30 miles per hour it is the same as falling from a third floor window. Wearing a seat belt saves lives; it reduces your chance of death or serious injury by more than half.

Therefore drivers or front seat passengers over 14 most vehicles must wear a seat belt. If you do not, you could be fined up to $50. It will not be up to the drivers to make sure you wear your belt. But it will be the driver’s responsibility to make sure that children under 14 do not ride in the front unless they are wearing a seat belt of some kind.

However, you do not have to wear a seat belt if you are reversing(倒退) your vehicle; or you are making a local delivery or collection using a special vehicle; or if you have a valid(正当的) medical certificate(证书)which excuses you from wearing it. Make sure these cases supply to you before you decide not to wear your seat belt. Remember you may be taken to court for not doing so, and you may be fined if you cannot prove to the court you have been excused from wearing.

60. This passage is probably taken from ______.

A. medical magazine    B. a legal document

C. a textbook    D. a government information booklet

61. Wearing a seat belt in a vehicle ______.

A. reduces road accidents by more than half

B. reduces the death rate in traffic accidents

C. saves lives while driving at a speed up to 30 miles per hour  

D. saves more than 16,000 lives each year

62. It is the driver’s responsibility to ______.

A. make the front seat passenger wear a seat belt

B. make the front seat children under 14 wear a seat belt

C. stop children from riding in the front seat

D. wear a seat belt each time he drives

63. For some people, it may be better to ______.

A. pay a fine rather than wear a seat belt   

B. wear a seat belt for health reasons

C. (not to) wear seat belt for health reasons  

D. get a valid medical certificate before wearing a seat belt

单项选择题