问题 问答题 简答题

破产宣告的法律效果?

答案

参考答案:

一、对破产案件的效果,就是破产案件转入破产清算程序。

二、对债务人的效果,破产宣告对债务人产生身份上、财产上一系列法律后果。包括:

①债务人成为破产人

②债务人财产成为破产财产

③债务人丧失对财产和事务的管理权④债务人的法定代表人承担与清算有关的法定义务。

三、对债权人的效果。对债权人来说,破产宣告使他们获得了行使权利的特别许可。包括:

①未到期的债权视为到期

②有财产担保的债权人可以由担保物获得清偿。

③对破产企业负有债务的债权人享有破产抵销权。

④无担债权人依破产分配方案获得清偿。

四、对第三人效果。应按照其民事关系的性质享受相应的权利或承担相应的义务。包括:

①破产人占有的属于他人的财产,其权利人有权取回

②破产人的债务人,应当向清算人清偿债务

③持有破产财产的人应当向清算人交付财产

④破产人的开户银行,应当将破产人银行帐户供清算人专用

⑤待履行合同解除或继续履行时,相对人享有相应的权利。

⑥破产无效行为的受益人应当返还其受领的利益。

阅读理解

阅读理解。

     How much sleep do we need? We are all different. Some people need only three hours of sleep a night.

Others need ten hours of sleep a night. Most Americans sleep an average (平均值) of seven to eight hours

a night. After the age of fifty the average sleep time goes down to 6.5 hours a night.

     Most people have a bad night when they can not sleep. About one in three Americans has a problem with

sleep. Many of these people can not fall asleep. This problem is called insomnia. This is not a new problem.

Many famous people in history had insomnia. Some of these people had special (特别的) ideas to make them

sleep. Benjaming Franklin,the famous statesman (政治家)and inventor (发明家), had four beds. He moved

from one to another to fall asleep. King Lousis XIV of France had 413 beds and hoped that he could fall asleep

in one of them. Mark Twain, the famous American writer, had a different way. He lay on his side on the end of

the bed!

1. Most American people need_____ hours of sleep a night.

A. 3

B. 10

C. 7-8

2. People need ______ sleep as they get older.

A. more

B. 1ess

C. no

3. "The problem is called insomnia. "Here"insomnia" Means_______.

A. sleep at daytime

B. the ways of sleep

C. not being able to (能够)go to sleep

4. Mark Twain lay On his side on the end of the bed because he______.

A. was an old man

B. thought it was easy to go to sleep

C. was a famous writer

5. The passage is mainly talking about______.

A. sleep

B. insomnia

C. how to get to sleep

单项选择题