问题 单项选择题

2007年2月,甲乙丙丁戊五人共同出资设立北陵贸易有限责任公司(简称北陵公司)。公司章程规定:公司注册资本500万元;持股比例各20%;甲、乙各以100万元现金出资,丙以私有房屋出资,丁以专利权出资,戊以设备出资,各折价100万元;甲任董事长兼总经理,负责公司经营管理;公司前五年若有利润,甲得28%,其他四位股东各得18%,从第六年开始平均分配利润。至2010年9月,丙的房屋仍未过户登记到公司名下,但事实上一直由公司占有和使用。公司成立后一个月,丁提出急需资金,向公司借款100万元,公司为此召开临时股东会议,作出决议如下:同意借给丁100万元,借期六个月,每月利息1万元。丁向公司出具了借条。虽至今丁一直未归还借款,但每月均付给公司利息1万元。
千山公司总经理王五系甲好友,千山公司向建设银行借款1000万元,借期一年,王五请求北陵公司提供担保。甲说:“公司章程规定我只有300万元的担保决定权,超过了要上股东会才行。”王五说:“你放心,我保证一年到期就归还银行,到时候与你公司无关,只是按银行要求做个手续。”甲碍于情面,自己决定以公司名义给千山公司的贷款银行出具了一份担保函。戊不幸于2008年5月地震中遇难,其13岁的儿子幸存下来。北陵公司欲向农业银行借款200万元,以设备作为担保,银行同意,双方签订了借款合同和抵押合同,但未办理抵押登记。2010年5月,乙提出欲将其股份全部转让给甲,甲愿意受让。2010年7月,当地发生洪水灾害,此时北陵公司的净资产为120万元,但尚欠万水公司债务150万元一直未还。北陵公司决定向当地的一家慈善机构捐款100万元,与其签订了捐赠合同,但尚未交付。

在房屋已经由公司占有和使用的情况下,丙是否需要承担违约责任( )

A.是

B.否

C.效力待定

D.需承担缔约过失责任

答案

参考答案:A

阅读理解

阅读理解。

     Fear plays no part in this latest problem. "I'm not afraid I'll lose my children. I won't lose my children.

We live together, and nothing, nothing," she repeats, her voice rising when speaking to John's lawyer,

"will stop me from being with my children. A law? Year, right. Don't disturb me when it comes to my

children. You are never going to win. If John wants to see them, I cannot stop him. He's their father-I

want them to see him! However, his visit in his present condition will disturb the children's stable (稳定的)

life."

     John, who has spent much of his time in California recently, has only hired a house for himself in

Pennsylvania, according to his lawyer. "If he'd like to stick to a regular life, I'd be more than happy to do

that," Jane says. "The best thing for any child of a divorced (离婚的) parent is a stable life. I want nothing

more than for him to set up a stable life for himself, so that he can be part of making our children's lives

more stable."

     While matters of money and care won't be settled for weeks, Jane hardly puts her life on hold. Last

week the ABC network announced that Jane would return with her own show, Twist of Jane, in which

she gives advice to other moms.Jane and her eight children will also return to ABC in a series of Jane Plus

8 specials showing them on various adventures. It's a rest for Jane who insists that she needs her new,

busy life to provide for her family. "I have to lead such a life.and I'm thankful that I've built it to the top

where now I can support my children." she says.

     And whether a bellicose (好斗的) dance judge or a bellicose former wife, Jane plans to keep 0n facing

attacks on her. "Some people try to knock me down-only to make me more fierce, more protective, more

determined to do better," she says. "Go ahead, take me on. This will just make me stronger." 

1. According to Jane in the first paragraph, the low _____.[ ]

A. can't take her children away from her

B. can't do anything with the case

C. will best settle the problem

D. will disturb her children

2. What does "to do that" refer to in the second paragraph? [ ]

A. To live with John.

B. To hire a house for John.

C. To allow John to see the children.

D. To ask John to set up a regular life.

3. What does the underlined sentence in the third paragraph mean? [ ]

A. Jane's life is very difficult.

B. Jane continues to live as usual.

C. Jane almost can't control her lire.

D. Jane works very hard to live a happy life.

4. Which word can best describe Jane? [ ]

A. Proud.

B. Fierce.

C. Determined.

D. Independent.

单项选择题 案例分析题