问题 单项选择题

2006年初,甲国X公司(卖方)与中国Y公司(买方)订立货物买卖合同。Y公司向中国某银行申请开出了不可撤销信用证。在合同履行过程中,Y公司派驻甲国的业务人员了解到,该批货物很可能与合同严重不符且没有价值,于是紧急通知Y公司总部。Y公司随即向有管辖权的中国法院提出申请,要求裁定止付信用证项下的款项。依照2005年《最高人民法院关于审理信用证纠纷案件若干问题的规定》,下列哪一表述是错误的?

A.Y公司须证明存在X公司交付的货物无价值或有其他信用证欺诈行为的事实,其要求才可能得到支持

B.开证行如发现有信用证欺诈事实并认为将会给其造成难以弥补的损害时,也可以向法院申请中止支付信用证项下的款项

C.只有在法院确认国外议付行尚未善意地履行付款义务的情况下,才能裁定止付信用证项下的款项

D.法院接受中止支付信用证项下款项的申请后,须在48小时内作出裁定

答案

参考答案:C

解析:2005年《最高人民法院关于审理信用证纠纷案件若干问题的规定》第8条规定:“凡有下列情形之一的。应当认定存在信用证欺诈:(一)受益人伪造单据或者提交记载内容虚假的单据;(二)受益人恶意不交付货物或者交付的货物无价值;(三)受益人和开证申请人或者其他第三方串通提交假单据,而没有真实的基础交易; (四)其他进行信用证欺诈的情形。”第9条规定:“开证申请人或其他利害关系人认为有第八条规定的情形,并认为可能造成损失,可以向有管辖权的法院申请停止支付信用证项下的款项。”故B正确;第12条第1款规定:“人民法院

阅读理解

       Steven Jobs, the designer of Apple Computer, was not quite successful in his early years. At that time, he was not among the best students at school, and from time to time he got into trouble with either his schoolmates or his teachers. But he was full of new ideas, which few people saw the value of. Things remained the same when he went up to college and he dropped out halfway (中途退学). 

       After he left college, Steven Jobs worked as a video game designer at Atari. He worked there for only several months and then he went to India. He hoped that the trip would give him some new ideas and a change in life for the better.

       Steven Jobs lived on a farm in California for a year after he returned from India. And then, in 1975, he began to make a new type of computer. Along with his friend Stephen Woziak, he designed the Apple Computer in his garage (车库). He chose the name “Apple” just because it reminded him of a happy summer he once spent in an apple tree garden.

      His Apple Computer was such a great success that Steven Jobs soon became famous all over the world.

1. Steven Jobs seemed ________ when he was young.

A..to be one of the best students at school    

B. not to be a good student at school

C. to be liked by all his teachers  

D. to leave the school

2. Why did Steven Jobs go to India?

A. Because he was interested in India.  

B. Because he was given a job as a designer there.

C. Because he hoped to get some new ideas from the trip.  

D. Because he wanted to study there.

3. Steven Jobs designed his new computer ________.

A. in India        

B. with his friend

C. in an apple tree garden    

D. by himself

4. Steven Jobs was famous for his ________ all over the world.

A. new ideas                

B. apple trees  

C. Apple Computer            

D. video games

5. From this passage we can learn that ________.

A. Steven Jobs got on well with his schoolmates  

B. Steven Jobs was full of new ideas, but only one of them was valuable.

C. Steven Jobs could only design video games

D. Steven Jobs liked trying new things and making his new ideas become true

名词解释