问题 多项选择题

甲公司在与乙公司交易中获得由乙公司签发的面额50万元的汇票一张,付款人为丙银行。甲公司向丁某购买了一批货物,将汇票背书转让给丁某以支付货款,并记载“不得转让”字样。后丁某又将此汇票背书给戊某。如戊某在向丙银行提示承兑时遭拒绝,戊某可向谁行使追索权?()

A.丁某

B.乙公司

C.甲公司

D.丙银行

答案

参考答案:A, B

解析:

[考点] 汇票的追索权

根据《票据法》第61条和第68条的规定,汇票被拒绝承兑的,持票人可以对背书人、出票人以及汇票的其他债务人行使追索权。而且,汇票的出票人、背书人、承兑人和保证人对持票人承担连带责任。单就这两条规定来看,丁某(背书人)、甲公司(背书人)、乙公司(出票人)、丙银行(承兑人)都可以作为追索权的行使对象。但本题中还有一个情况,即甲公司在将汇票背书转让给丁某时已经记载“不得转让”字样,后丁某又将此汇票背书给戊某。根据《票据法》第34条的规定,背书人在汇票上记载“,不得转让”字样,其后手再背书转让的,原背书人对后手的被背书人不承担保证责任。故本题中的原背书人甲公司在此情况不再承担被迫索责任,C项错误。汇票追索权是指持票人在提示承兑或提示付款而未获承兑或未获付款时,依法向其前手请求偿还票据金额及其他金额的权利。因此,汇票追索权的对象不包括付款人,戊某不能向丙银行行使追索权,选项D错误。 [陷阱] 本题的关键就在于准确掌握汇票追索权的一般情况与特殊情况,如果僵化地适用《票据法》第61条和第68条,而不将其与“不得转让”字样记载的相关规定结合起来,就会得出错误的答案。

阅读理解

根据材料内容,回答问题。

     Jamie Feilden has been interested in farms since he was a little child. Now he is planning to pass on his

love for farms to students.

     28-year-old Mr. Feilden is going to set up a charity (慈善机构). He plans to raise money for students

from city schools who would like to visit Jamie's Farm and experience country life.

Mr. Feilden first got the idea for his project when he started working for the Teach First Project after

graduating from university in Edinburgh.

     "When I worked in a school in Croydon, I realized the students there had little experience of farm life.

Many of the students in the school had never been out of Croydon before. Of course, they had never

seen farm animals,"said Mr. Feilden. "So I opened up a small farm in the school. It was a real success."

Mr. Feilden once took a group of students back to his hometown. There the students saw many animals.

They had lots of fun spending time in the countryside. Since then he has done more work on his own farm

project. He even started working for it full time.

     Mr. Feilden said, "Living and working in the countryside can give children a chance to eat food

produced on the farm. They can also do some gardening, cooking and be with animals there."

Now Jamie's Farm needs volunteers. If you are interested in donating your money or time, you can get in

touch with Jamie by e-mailing him.

1. When did Jamie Feilden start to be interested in farms?

    ____________________________________________

2. Why did Jamie Feilden want to set up a farm in the school?

    ____________________________________________

3. Why is Jamie Feilden going to set up a charity?

    ____________________________________________

4. What can students do on Jamie's Farm besides eating food produced on the farm?

    ____________________________________________

5. If people want to do something for Jamie's Farm, how can they contact (联系) with Jamie?

    ____________________________________________

单项选择题