问题 单项选择题

【真题试题】(2006年单项选择题第20题)当事人对保证方式没有约定的,下列关于当事人责任的表述中,正确的是( )。

A.保证未成立,当事人不承担保证责任

B.保证未成立,当事人应重新约定保证方式

C.保证成立,当事人承担连带保证责任

D.保证成立,当事人承担一般保证责任

答案

参考答案:C

解析:本题的考点是保证的方式及含义。《担保法》第19条规定:“当事人对保证方式没有约定或者约定不明确的,按照连带责任保证承担保证责任。”担保法规定的保证的方式有:一般保证和连带责任保证。当事人在保证合同中约定,债务人不能履行债务时,由保证人承担保证责任的,为一般保证。一般保证的保证人在主合同纠纷未经审判或者仲裁,并就债务人财产依法强制执行仍不能履行债务前,对债权人可以拒绝承担保证责任。有下列情形之一的,保证人不得行使前款规定的权利:①债务人住所变更,致使债权人要求其履行债务发生重大困难的。②人民法院受理债务人破产案件,中止执行程序的。③保证人以书面形式放弃前款规定的权利的。当事人在保证合同中约定保证人与债务人对债务承担连带责任的,为连带责任保证。连带责任保证的债务人在主合同规定的债务履行期届满没有履行债务的,债权人可以要求债务人履行债务,也可以要求保证人在其保证范围内承担保证责任。本题的正确答案是C选项。

单项选择题
阅读理解

阅读理解。

    The concept of solar power satellites, or SPS, first put forward in the 1960s, is still not widely

known by the general public. For example, at many public exhibitions about energy, SPS is not

even mentioned. This is mainly because very little money has been spent on SPS research

     There are people who claim that SPS is unrealistic - because launch costs are much too high

today; or because it is too far away. So why do we believe that it is important to continue to do

researches on SPS? The reason is very simple.

    Humans are going to need huge amounts of electric power in coming decades. Within 50 years

the world population is expected to double, while economic growth will continue around the world,

especially in the poorer countries. But existing energy sources already face serious problems. They

are limited; they are polluted; they are dangerous. So 50 or 100 years from now, where is our power

going to come from? Nobody knows. And so we believe that new large-scale possibilities should be

studied further.

    We must remember that humans have some choices concerning our future. To some extent we

can choose the direction in which our civilization develops. And choices that are made in the coming

decades-such as the energy sources that we will or will not use, will have major, long-term meaning

for human life on earth. We believe that if research continues to show that SPS is environmentally and

economically attractive, SPS will open the door to a much more attractive future for human civilization

than any ground-based energy source, and one that the public will support and that young people will

find challenging and exciting. Furthermore energy from SPS can be readily used in developing countries,

as the SPS 2000 project will show, thus aiding economic development worldwide. In addition, by

creating large commercial fund for space engineering, SPS will open the frontier of space to economic

development, thus creating a limitless new field for the growth of the world economy.

1. Which of the following may be the best title for the passage?

A. The Future Energy- SPS

B. The Concept of SPS

C. Humans and SPS

D. Advantages of SPS

2. Which of the following statements about SPS is TRUE?

A. The research on SPS started in the 1960s is still not appreciated by the public.

B. The research is showing SPS can benefit environment and economy at present.

C. The energy from SPS is now being used in some developing countries.

D. The public don't know about SPS because little time is devoted to the research.

3. Paragraph 3 mainly talks about ______.

A. the present serious energy problems

B. where to get energy sources in the future

C. the importance of controlling world population

D. the need to explore new energy sources

4. The writer's attitude towards the research can best be summarized by the saying "______".

A. In time of peace prepare for war

B. Put the cart before the horse

C. One man's meat is another man's poison

D. Easier said than done