问题 问答题

陈某(女)于1996年4月与林某(男)相识相恋,由于林某家境不好,遂于同年10月从几个朋友处借款共2万元盖房用作结婚住房。陈林二人1998年1月办理了结婚登记,婚后林某又以个人名义借款1.5万元从事服装个体买卖,夫妻二人共同经营,生意红火,朋友虽时常催林某还钱,但林某以各种借口推托债务。1999年3月,林某以个人名义与张某、王某成立合伙,一直经营至今。2002年,陈林二人因林某父母长期住在他们家意见不合,发生争吵。其后二人便经常发生口角,感情逐渐恶化。同年10月,林某认识一女子吴某,两人开始同居,林某与陈某的关系更加恶化,经常不回家。陈某多次哭闹都无济于事。林某于2003年5月开始转移、隐匿自己的财产,并于一年后,向法院起诉要求与陈某离婚,理由是夫妻感情业已破裂。 问:

如果法院判决准予离婚的话,双方共同财产应如何分割

答案

参考答案:按照《婚姻法》第39条:离婚时,夫妻的共同财产由双方协议处理;协议不成时,由人民法院根据财产的具体情况,照顾子女和女方权益的原则判决。本案也应这样处理。对于以林某个人名义在合伙中的出资,也应进行分割,具体的分割方法按照《婚姻法解释(二)》第17条规定处理:人民法院审理离婚案件,涉及分割夫妻共同财产中以一方名义在合伙企业中的出资,另一方不是该企业合伙人的,当夫妻双方协商一致,将其合伙企业中的财产份额全部或者部分转让给对方时,按以下情形分别处理:(一)其他合伙人一致同意的,该配偶依法取得合伙人地位;(二)其他合伙人不同意转让,在同等条件下行使优先受让权的,可以对转让所得的财产进行分割;(三)其他合伙人不同意转让,也不行使优先受让权,但同意该合伙人退伙或者退还部分财产份额的,可以对退还的财产进行分割;(四)其他合伙人既不同意转让,也不行使优先受让权,又不同意该合伙人退伙或者退还部分财产份额的,视为全体合伙人同意转让,该配偶依法取得合伙人地位。

阅读理解

It was the summer of 1965. DeLuca, then 17, visited Peter Buck, a family friend. Buck asked Deluca about his plans for the future. “I’m going to college, but I need a way to pay for it,” Deluca recalls saying. “Buck said, ‘you should open a sandwich shop.’ ”

That afternoon, they agreed to be partners. And they set a goal: to open 32 stores in ten years. After doing some research, Buck wrote a check for $ 1,000. DeLuca rented a storefront (店面) in Connecticut, and when they couldn’t cover their start-up costs, Buck kicked in another $1,000.

But business didn’t go smoothly as they expected. DeLuca says, “After six months, we were doing poorly, but we didn’t know how badly, because we didn’t have any financial controls.” All he and Buck knew was that their sales were lower than their costs.

DeLuca was managing the store and going to the University of Bridgeport at the same time. Buck was working at his day job as a nuclear physicist in New York. They’d meet Monday evenings and brainstorm ideas for keeping the business running. “We convinced ourselves to open a second store. We figured we could tell the public, ‘ We are so successful, we are opening a second store.’” And they did — in the spring of 1966. Still, it was a lot of learning by trial and error.

But the partners’ learn-as-you-go approach turned out to be their greatest strength. Every Friday, DeLuca would drive around and hand-deliver the checks to pay their suppliers. “It probably took me two and a half hours and it wasn’t necessary but as a result, the suppliers got to know me very well, and the personal relationships established really helped out,” DeLuca says.

And having a goal was also important. “There are so many problems that can get you down. You just have to keep working toward your goal,” DeLuca adds.

DeLuca ended up founding Subway Sandwich, the multi-million-dollar restaurant chain.

小题1:Deluca opened the first sandwich shop in order to _________________________.

A.support his family

B.pay for his college education

C.help his partner expand business

D.do some research小题2:Which of the following is true of Buck?

A.He put money into the sandwich business.

B.He was a professor of business administration (管理).

C.He was studying at the University of Bridgeport.

D.He rented a storefront for DeLuca.小题3:What can we learn about their first shop?

A.It stood at an unfavorable place.

B.It lowered the prices to promote sales.

C.It made no profits due to poor management.

D.It lacked control over the quality of sandwiches.小题4:They decided to open a second store because they ______________________.

A.had enough money to do it

B.had succeeded in their business

C.wished to meet the increasing demand of customers

D.wanted to make believe that they were successful小题5:What contributes most to their success according to the author?

A.Learning by trial and error.

B.Making friends with suppliers.

C.Finding a good partner.

D.Opening chain stores.

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