问题 单项选择题

刘某、关某、张某合伙经营海鲜批发业务,张某后来与刘某、关某在经营方针上有分歧,退出合伙,张某退伙时,三人尚欠周某货款3万元,张某按照与刘某和关某的约定,向周某清偿了1万元,张某退伙后,刘某和关某一直未向周某清偿剩余的货款,以下说法正确的是()

A.周某无权要求张某偿还货款

B.刘某和关某不能清偿债务的,周某有权要求张某偿还货款

C.周某有权要求张某偿还2万元货款

D.周某有权要求张某偿还3万元货款

答案

参考答案:C

解析:《最高人民法院关于贯彻执行〈中华人民共和国民法通则〉若干问题的意见(试行)》(以下简称《民通意见》)第53条规定:“合伙经营期间发生亏损,合伙人退出合伙时未按约定分担或者未合理分担合伙债务的,退伙人对原合伙的债务,应当承担清偿责任;退伙人已分担合伙债务的,对其参加合伙期间的全部债务仍负连带责任。”根据该条规定,合伙人退伙时即使承担了合伙债务的,也应当对其参加合伙期间的全部债务负连带责任,本题中周某退伙时虽然承担了1万元债务,但是仍应当对剩余的2万元债务承担清偿责任,所以债权人有权要求张某对其退伙前的债务承担连带责任,因为张某已经清偿了1万元,所以周某有权要求张某偿还2万元。

阅读理解

Outside our hotel in Ho Chi Minh City, Vietnam, a seemingly ancient woman waited beside the door with her hand outstretched. Every day I put my hand in hers as our eyes met. She never failed to return my smile, my grasp, and my greeting.

On the last day of our visit, I found myself alone on a busy corner across the street from our hotel. Bicycles and motorbikes rushed in front of me. As I hesitated on the sidewalk, I felt a hand on my elbow and looked down to see the smile of my small beggar friend looking up at me. She nodded her head toward the street, indicating that she would take me across. Together, we moved slowly into the chaos.

Then we moved on toward the sidewalk, where she pulled my face down to hers, kissed me on both cheeks, and then left, still smiling and waving back to me.

Traveling in poorer nations, I have witnessed a variety of ways to deal with beggars. The most common response of tourists faced with the poverty-stricken is to ignore them and focus their eyes elsewhere. I have seen people push away an outstretched hand in angry annoyance. A few may drop a few coins into the hand in a hurry, hoping that other ragged pursuers won’t immediately appear on the scene.

For many reasons, giving money is not the best response to an outstretched hand. Many world travelers have discovered that the greatest gift they can give is their time and respect. Everyone needs recognition, to be seen as worthy of being known, to feel appreciated and loved. And I believe that everyone is worthy and worth knowing.

小题1:The woman beggars helped the author go across the busy street because __________.

A.the author gave her material assistance

B.the author treated her kindly and friendly

C.the author would help her as a reward

D.the author was a foreigner小题2:From the story, what position of the beggars in the author’s mind might be?

A.equal

B.superior

C.lower

D.valuable小题3:In common cases, people will do the following things to the beggars EXCEPT for ________.

A.pretending to see nothing

B.handing out some money

C.refusing them angrily

D.greeting them normally小题4:According to the author, the most important things beggars really need are _________.

A.mercy and pity

B.money and food

C.smile and greeting

D.attention and respect小题5:The purpose of the passage is to _________.

A.show how poor the beggars are in Vietnam

B.offer some advice on dealing with begging

C.express what we should offer the beggars

D.describe an experience with a beggar

单项选择题