问题 问答题

(2007年)   五、(本题20分)   案情:甲与乙分别出资60万元和240万元共同设立新雨开发有限公司(下称新雨公司),由乙任执行董事并负责公司经营管理,甲任监事。乙同时为其个人投资的东风有限责任公司(下称东风公司)的总经理,该公司欠白云公司货款50万元未还。乙与白云公司达成协议约定:若3个月后仍不能还款,乙将其在新雨公司的股权转让20%给白云公司,并表示愿就此设质。届期,东风公司未还款,白云公司请求乙履行协议,乙以“此事尚未与股东甲商量”为由搪塞,白云公司遂拟通过诉讼来解决问题。   东风公司需要租用仓库,乙擅自决定将新雨公司的一处房屋以低廉的价格出租给东风公司。   乙的好友丙因向某银行借款需要担保,找到乙。乙以新雨公司的名义向该银行出具了一份保函,允诺若到期丙不能还款则由新雨公司负责清偿,该银行接受了保函且未提出异议。   甲知悉上述情况后,向乙提议召开一次股东会以解决问题,乙以业务太忙为由迟迟未答应开会。   公司成立三年,一次红利也未分过,目前亏损严重。甲向乙提出解散公司,但乙不同意。甲决定转让股权,退出公司,但一时未找到受让人。   问题:

白云公司如想通过诉讼解决与东风公司之间的纠纷,应如何提出诉讼请求?

答案

参考答案:(1)请求东风公司清偿货款本金与利息;   (2)请求东风公司承担违约责任;   (3)请求行使股权质权(或权利质权)。

单项选择题
阅读理解

Michael Fish may soon be replaced as a weather forecaster by something truly fishier---the shark(鲨鱼).

Research by a British biology student suggests that sharks could be used to predict storms.

Lauren Smith, 24, is close to completing her study on shark’s ability to sense pressure.

If her studies prove the theory, scientists may be able to monitor the behaviour of sharks to predict bad weather.

Miss Smith had previously studied the behaviour of lemon sharks in the Bahamas.

She then used their close relatives, lesser spotted dogfish, for further research at Aberdeen University.

Her work---thought to be the first of its kind to test the pressure theory ---- resulted from the observation that juvenile blacktip sharks off Florida moved into deeper water ahead of a violent storm in 2001.

Miss Smith said: “I’ve always been crazy about traveling and diving and this led me to an interest in sharks.”

“I was delighted to have been able to research in the area for my degree. I know there’s so much more we need to understand ---- but it certainly opens the way to more research.”

It has been discovered that a shark senses pressure using hair cells in its balance system.

At the Bimini Shark Lab in the Bahamas, Miss Smith fixed hi-tech sensors to sharks to record pressure and temperature, while also tracking them using GPS (Global Positioning System) technology.

In Aberdeen, she was able to study the effects of tidal(潮汐的) and temperature changes on dogfish----none of which were harmed. She also used a special lab which can mimic(模拟) oceanic pressure changes caused by weather fronts.

She is due to complete her study and graduate later this year. She says she will be looking for a job which will give her the chance to enrich her experience of shark research.

小题1:The passage is most probably taken from _____.

A.a short-story collection

B.a popular science magazine

C.a research paper

D.a personal diary小题2:What do we learn from the first four paragraph of the passage?

A.Sharks may be used to predict bad weather.

B.Sharks’ behaviour can be controlled.

C.Michael Fish is not qualified for his job.

D.Lauren Smith will become a weather forecaster.小题3:Lauren Smith conducted her research by _______.

A.removing hair cells from a shark’s balance system

B.measuring the air pressure of weather fronts

C.recording sharks’ body temperature

D.monitoring sharks’ reaction to weather changes小题4:What is the passage mainly about?

A.A popular way of forecasting weather.

B.A new research effort in predicting storms.

C.Biologists’ interest in the secrets of sharks.

D.Lauren Smith’s devotion to scientific research.