问题 单项选择题

A公司与B公司签订了一份借款协议,借款金额500万元,月利率20%,期限为2003年1月5日至7月5日。A公司请C公司担保,C公司出具担保书:借款人到期不还,担保人负责清偿,担保期至借款人全部本息还清时止。事后A公司无力偿还,B公司于2004年9月5日向保证人C公司要求还债。则()。

A.尽管借款利率高于银行贷款利率,但主合同仍有效,C公司应负保证责任

B.尽管主合同无效保证合同有效,但C公司仍应承担保证责任

C.企业之间禁止借贷,故主合同无效。主合同无效,则保证合同无效。A公司、B公司、C公司均有过错,依各自过错承担责任

D.主合同无效,保证合同无效,C公司不用承担责任

答案

参考答案:C

解析:本题考查的是主合同与保证合同的关系。《担保法》第5条规定:"担保合同是主合同的从合同,主合同无效,担保合同无效。担保合同另有约定的,按照约定。担保合同被确认无效后,债务人、担保人、债权人有过错的,应当根据其过错各自承担相应的民事责任。"本题中作为主合同的借款协议无效,不是因为借款利率高于银行利率(根据有关法律规定,这种情况下仅高出银行利率的部分无效,而不是整个合同无效),而是因为根据我国有关规定,企业之间不得相互借贷。 因而主合同无效,所以作为从合同的保证合同也无效。保证合同无效,并不意味着保证人可以不承担任何责任,只是不承担因合法的担保关系而产生的责任;如果保证人有过错,仍应承担责任。综上,本题正确答案为C。

单项选择题

The swan is mostly silent through its life, unable to sing sweet songs like most other birds. In ancient times, however, people believed a swan sings a most beautiful song just before it dies. The ancient Greek philosopher Socrates talked of this 2,300 years ago. Socrates explained that the swan was singing because it was happy. The bird was happy because it was going to, serve the Greek God Apollo. Swans were holy to Apollo, the god of poetry and song.
The story of the swan’s last song found a place in the works of other writers, including the early English writers Chaucer and Shakespeare. And the expression swan song has long been a part of the English language. At first, "swan song" meant the last work of a poet, musician or writer. Now, it means the final effort of any person. Someone’s swan song usually is also considered that person’s finest work.
A political expression with a similar meaning is "the last hurrah". The expression may be used to describe a politician’s last campaign, his final attempt to win cheers and votes. The last hurrah also can mean the last acts of a politician, before his term in office ends. Writer Edwin O’Connor made the expression popular in 1956. He wrote a book about the final years in the political life of a long-time mayor of Boston. He called his book The Last Hurrah.
Some language experts say the expression came from a name given to noisy supporters of Andrew Jackson, America’s seventh president. They cheered hurrah so loudly for Andy Jackson during his presidential campaign that they became known as the hurrah boys.
Jackson’s hurrah boys also played a part in the election to choose the next president. Jackson’s choice was his vice president, Martin VanBuren. A newspaper of the time reported that VanBuren was elected president: "... by the hurrah boys, and those who knew just enough to shout hurrah for Jackson. " President Jackson really heard his last hurrahs in the campaign of the man who would replace him in the White House.

According to Socrates, swans were ______.

A. holy birds
B. happy birds
C. pets of a Greek God
D. a symbol of poetry and song

多项选择题