问题 多项选择题

中国甲公司与日本乙公司签订一国际货物买卖合同,合同约定CIF(神户),信用证方式付款。合同订立后,乙公司向甲银行申请开立以甲公司为受益人的信用证,甲银行开立后寄给中国银行上海分行通知甲公司,甲公司拿到信用证后开始装船并取得提单,同时开出汇票、发票等单据。随后,甲公司向中国银行深圳分行议付,深圳分行审查后办理了议付。后将汇票和货运单据寄甲银行要求偿付,甲银行核对无误后偿付中行深圳分行,并通知乙公司付款赎单。就此,下列说法中正确的有?

A、深圳分行在审单时应坚持单证相符单单相符的原则,即受益人提交的单据在表面上应符合信用证条款,单据之间也应当一致

B、若该信用证经丙公司提供保证,则一旦开证行和开证申请人对信用证进行修改,丙公司将不再承担保证责任

C、银行对任何单据的形式、充分性、内容的真实性等概不负责

D、银行对报文传输或信件或单据的传递过程中发生的延误、中途遗失、残缺或其他错误产生的后果,概不负责

答案

参考答案:A, C, D

解析:

银行对信用证具有审单的义务,在审单时必须坚持单证相符、单单相符的原则。此处的“单”是指信用证规定的单据,主要包括:货物单据、运输单据和保险单。银行必须合理小心地审核信用证规定的一切单据,以确定其是否与信用证条款表面相符。故A正确。

银行在下列情况下免责:①只审查单据表面,不审实质;②传递延误或遗失免责;③不可抗力免责;④不受买卖合同的约束或影响,不负责买卖合同的履行情况及买卖当事人的资信等。故CD正确。

最高法关于信用证的司法解释06年考过了止付程序。今年需要注意保证责任的问题。

(1)开证行或者开证申请人接受不符点未征得保证人同意,保证人不能以此免除保证责任;

(2)开证申请人与开证行对信用证进行修改的情况下未征得原保证人的同意,保证人只在原保证合同约定的或者法律规定的期间和范围内承担保证责任。所以B错,丙公司仍要承担原保证范围内的责任。

单项选择题
问答题

You’ve had a problem, you’ve thought about it till you were tired, forgotten it and perhaps slept on it, and then flash! When you weren’t thinking about it suddenly the answer has come to you, as a gift from the gods.

Of course all ideas don’t come like that, but the interesting thing is that so many do, particularly the most important ones. They burst into the mind, glowing with the heat of creation. How they do is a mystery. (46) Psychology does not yet understand even the ordinary process of conscious thought, but the emergence of new ideas by a "leap in thought" is particularly intriguing, because they must have come from the somewhere. For the moment let us assume that they come from the "unconscious". (47)This is reasonable, for the psychologists use this term to describe mental processes which are unknown to the subject, and creative thought consists precisely in what was unknown becoming known.

(48) It seems that all truly creative activity depends in some degree on these signals from the unconscious, and the more highly intuitive the person, the sharper and more dramatic the signals become.

But growth requires a seed, and the heart of the creative process lies in the production of the original fertile nucleus from which growth can proceed. (49) This initial step in all creation consists in the establishment of a new unity from disparate elements, of order out of disorder, of shape from what was formless. The mind achieves this by the plastic reshaping, so derived from a new unit, of a selection of the separate elements derived from experience and stored in memory. Intuitions arise from richly unified experience.

(50) This process of the establishment of new form must occur in pattern of nervous activity in the brain, lying below the threshold of consciousness, which interacts and combines to form more comprehensive patterns. Experimental physiology has not yet identified this process, for its methods are as yet insufficiently refined, but it may be significant that a quarter of the total bodily consumption of energy during sleep goes to the brain, even when the sense organ are at rest, to maintain the activity of ten thousand million brain cells. These cells, acting together as a single organ, achieve the miracle of the production of new patterns of thought. No calculating machine can do that, for such machines can "only do what we know how to design them to do", and these formative brain processes obey laws which are still unknown.

Can any practical conclusions be drawn from the experience of genius Is there an art of thought for the ordinary person Certainly there is no single road to success; in the world of the imagination each has to find his own way to use his own gift.

(48) It seems that all truly creative activity depends in some degree on these signals from the unconscious, and the more highly intuitive the person, the sharper and more dramatic the signals become.