问题 单项选择题

(2008年四川)甲公司在2005年至2007年间连续与乙公司签订了三份煤炭买卖合同,并按照合同的约定分别向乙公司的六个子公司发运了货物,但乙公司及其六个子公司迄今未支付货款。关于本案,下列哪一选项是正确的?

A.甲公司只能要求乙公司付款,无权要求乙公司的六个子公司付款

B.甲公司只能要求乙公司的六个子公司付款,无权要求乙公司付款

C.甲公司有权要求乙公司及其六个子公司对所欠货款承担连带责任

D.甲公司只能选择乙公司付款,但可要求其六个子公司承担补充付款责任

答案

参考答案:A

解析:解析:合同具有相对性,即合同形成的债的关系只能对合同双方当事人产生效力,对于合同之外的第三人不应当具有约束力。基于合同的相对性原理,虽然甲公司实际履行合同时是向乙公司的六个子公司履行,但是因为合同的双方当事人是甲公司和乙公司,所以当乙公司不履行合同约定的支付货款的义务时,甲公司只能向乙公司要求支付货款,承担违约责任,而无权要求乙公司的六个子公司付款。因此,A项说法正确。

问答题 简答题
单项选择题

The idea of test-tube babies may make you either delighted at the wonders of modern medicine or irritated while considering the moral, or legal, or technological implications of starting life in a laboratory. But if you’’ve ever been pregnant yourself, one thing is certain: You wonder what it’’s like to carry a test-tube baby. Are these pregnancies normal Are the babies normal The earliest answers come from Australia, where a group of medical experts at the Queen Victoria Medical Center in Melbourne have taken a look at the continent’’s first nine successful invitro pregnancies. The Australians report that the pregnancies themselves seemed to have proceeded according to plan, but at birth some unusual trends did show up. Seven of the nine babies turned out to be girls. Six of the nine were delivered by Caesarean section. And one baby, a twin, was born with a serious heart defect and a few days later developed life-threatening problems.What does it all mean Even the doctors don’’t know for sure, because the numbers are so small. The proportion of girls to boys is high, but until there are many more test-tube babies no one will know whether that’’s something that just happened to be like that or something special that happens when egg meets sperm in a test tube instead of a fallopian tube. The same thing is true of the single heart defect. It usually shows up in only 15 out of 60,000 births in that part of Australia, but the fact that it occurred in one out of nine test-tube babies does not necessarily mean that they are at special risk. One thing the doctors can explain is the high number of Caesareans. Most of the mothers were older, had long histories of fertility problems and in some cases had had surgery on the fallopian tubes, all of which made them likely candidates for Caesareans anyway.The Australian researchers report that they are quite encouraged. All the babies are now making normal progress, even the twin with the birth defects.

What concern will the test-tube baby raise according to the passage

A.Whether the pregnancies of test-tube babies would be normal.

B.Whether the test-tube babies would be encouraged.

C.Why the proportion of defected babies is so high.

D.Why the number of Caesareans is so high.