问题 单项选择题

位于A区的天龙公司与位于B区的地虎公司签订了一份化工原料购买合同。合同约定:天龙公司向地虎公司提供3.5吨位化工原料,交货地点为C区。另外还约定本合同履行过程中发生一切争议应由合同履行地人民法院管辖。合同签订后天龙公司未向地虎公司履行义务,地虎公司准备起诉,下列关于本案管辖的表述正确的是哪项( )

A.本案中的协议管辖约定不明确,如达不成补充协议,应由A区或C区法院管辖
B.本案中的协议管辖约定不明,如达不成补充协议,应由A区法院管辖
C.本案应由C区法院管辖,因为C区为合同履行地
D.本案应由C区法院管辖,因为协议管辖的约定有效

答案

参考答案:D

解析: 合同纠纷的地域管辖的确定步骤:优先适用《民事诉讼法》第25条;其次适用《民事诉讼法》第26、28条;最后适用《民事诉讼法》第24条。
根据我国《民事诉讼法》及司法解释的规定,管辖协议有效需符合以下奈件:(1)协议管辖只适用于合同纠纷案件;(2)只适用于一审的地域管辖;(3)协议管辖必须采用书面形式,口头协议一律无效;书面协议有三种形式,即合同中的条款、独立的协议书及信函、电报、传真、电子邮件等其他书面形式;(4)只能在法律规定的范围,即被告住所地、原告住所地、合同签订地、履行地、标的物所在地人民法院之中进行选择,而且必须作出明确的、惟一的选择,例如当事人双方约定对于所发生的争议,由原告住所地人民法院和合同履行地人民法院管辖,根据《民诉意见》第24条的规定,这类选择两个以上人民法院的协议为无效协议;(5)不得违反级别管辖和专属管辖的规定。根据上述条件,本案中的有关管辖的协议为有效的,因此,选项D是正确的。

单项选择题
单项选择题


In 1957 a doctor in Singapore noticed that hospitals were treating an unusual number of influenza-like cases. Influenza is sometimes called "flu" or a "bad cold". He took samples from the throats of patients in his hospital and was able to find the virus of this influenza.
There are three main types of the influenza virus. The most important of these are type A and B, each of them having several subgroups. With the instruments at the hospital, the doctor recognized that the outbreak was due to a virus in group A, but he did not know the subgroup. Then he reported the outbreak to the World Health Organization in Geneva. WHO published the important news alongside reports of a similar outbreak in Hong Kong, where about 15-20 percent of the population had become ill.
As soon as the London doctors received the package of throat samples, doctors began the standard tests. They found that by reproducing itself with very high speed, the virus had grown more than a million times within two days. Continuing their careful tests, the doctors checked the effect of drugs against all the known subgroups of virus type A. None of them have any protection. This, then, was something new, a new influenza virus, against which the people of the world had no help whatever.
Having found the virus they were working with, the two doctors now dropped it into the noses of some specially selected animals, which get influenza much as human beings do. In a short time the usual signs of the disease appeared. These experiments proved that the new virus was easy to catch, but that it was not a killer. Scientists, like the general public, call it simply Asian flu.
The first discovery of the virus, however, was made in China before the disease had appeared in other countries. Various reports showed that the influenza outbreak started in China, probably in February 1957. By the middle March it had spread all over China. The virus was found by Chinese doctors early in March. But China is not a member of the WHO and therefore does not report outbreaks of disease to it. Not until two months later, when travelers carded the virus into Hong Kong, from where it spread to Singapore, did the news of the outbreak reach the rest of the world. By this time it was well on its way around the world.

The doctor in Singapore performed a valuable service by ______.

A.finding the subgroup of the virus

B.developing a cure

C.keeping his patients apart from others

D.reporting the outbreak to Geneva