问题 问答题

甲街道办事处经所在地某区人民政府批准设立基金针,开展存贷款业务,吸收了200万元的存款。1997年7月甲与乙公司签订借款合同,约定基金会向乙发放贷款200万元,用丙中学所属50亩划拨土地使用权作抵押,年利率为15%,借期二年。丙中学向甲交付土地使用证后,基金会即按约定向乙公司发放了贷款。借期届满后,乙公司仅向基金针偿还了20万元利息。甲即聘请律师索债,律师查明以下事实:乙公司贷款200万元用于与丙联营制售数学仪器,联营类型为合同联营;乙公司营业执照上注明的注册资金为300万元,股东王某占股份90%,但实际出资仅为100万元,股东谭某占股份10%,王某无个人财产,但和其妻共同开办了丁有限公司,王占股份80%,丁公司开发有商品房一栋,尚未出售和抵押。 根据以上情况,回答下列问题:

甲与乙公司签订的借款合同是否有效?为什么?

答案

参考答案:借款合同无效,因为甲没有合法的发放贷款的主体资格。

解析:根据上问的分析,基金会未依法成立,不具有发放资款的合法资格。因此,基金会与乙公司签订的借款合同无效。

阅读理解

Have you ever been afraid to talk back when you were treated unfairly? Have you ever bought something just because the salesman talked you into it? Are you afraid to ask a boy (girl) for a date?

Many people are afraid to assert themselves (insist upon their own rights). Dr Robert Alberti, author of Stand Up, Speak Out, and Talk Back, thinks it’s because their self-esteem(自尊) is low. “Our whole set-up makes people doubt themselves,” says Alberti. “There’s always a 'superior' around — a parent, a teacher, a boss — who 'knows better’”.

But Alberti and other scientists are doing something to help people to assert themselves. They offer “assertiveness training” courses (AT). In the AT courses people learn that they have a right to be themselves. They learn to speak out and feel good about doing so. They learn to be aggressive(敢闯, 闯劲儿) without hurting other people.

In one way, learning to speak out is to overcome fear. A group taking an AT course will help the timid person to lose his fear. But AT uses an even stronger motive—the need to share. The timid person speaks out in the group because he wants to tell how he feels. AT says you can get to feel good about yourself. And once you do, you can learn to speak out.

小题1:In the passage, the writer talks about the problem that _______.

A.some people are too easy-going

B.some people are too timid

C.there are too many superiors around us

D.some people dare not stick up for their own rights小题2:The effect of our set-up on people is often to _______.

A.make them distrust their own judgment

B.make things more favorable for them

C.keep them from speaking out as much as their superiors do

D.help them to learn to speak up for their rights小题3:One thing AT doesn’t do is to _______.

A.use the need of people to share

B.show people they have the right to be themselves

C.help people to be aggressive at anytime even when others suffer

D.help people overcome fear

多项选择题