问题 单项选择题

甲乙签订了一份借款合同,甲为借款人,乙为出借人,借款数额为500万元,借款期限为两年。丙、丁为该借款合同进行保证担保,担保条款约定,如甲不能如期还款,丙、丁承担保证责任。戊对甲乙的借款合同进行了抵押担保,担保物为一批布匹(价值300万元),未约定担保范围。请回答下列问题:

设甲、乙决定放弃戊的抵押担保,且签订了协议,但未取得丙、丁的同意。则丙、丁是否承担保证责任()

A.丙、丁可不承担保证责任

B.丙、丁对全部债务承担保证责任

C.如甲、乙通知了丙、丁,则丙、丁应承担全部的保证责任

D.丙、丁仍应对布匹抵押价值以外的债务负保证责任

答案

参考答案:D

解析:本问涉及物保与人保的责任范围问题。依据《担保法》第28条规定,同一债权既有保证,又有物的担保的,债权人放弃物的担保的,保证人在债权人放弃债权的范围内免除保证责任。故本问选项为D。

选择题
填空题

Bill Gates receives honorary knighthood


Britain’s Queen Elizabeth stands with Microsoft chairman and philanthropist Bill Gates after presenting him with an honorary knighthood at Buckingham Palace, London, March 2, 2005.
Sir Bill Not quite. Proclaiming himself "humbled and delighted," Microsoft founder Bill Gates received an honorary knighthood Wednesday from Queen Elizabeth Ⅱ—an accolade that allows the recipient to use "KBE" after his (1) , but not to put "Sir" in front of it.
One of the world’s richest men, Gates, 49, was (2) honored for his charitable activities around the world and his contribution (3) enterprises in Britain.
Past recipients of the honorary knighthood (4) from Irish singer Bob Geldof to former U.S. President Ronald Reagan.
"This (5) is particularly poignant given the deep connections Microsoft enjoys (6) the United Kingdom," said Gates, whose company employs about 2000 people in (7) .
Gates’ royal honor—bestowed by the queen on the advice of the (8) —was announced in January 2004, but a "mutually convenient" date to (9) it had not been available until now.
British recipients of knighthoods are entitled to be (10) with a "Sir" before their names. The honor was long the (11) of senior soldiers, judges and other servants of the state, but recent years have seen the creation of Sir Paul McCartney, (12) Mick Jagger and Sir Elton John.
As an American, Gates is not entitled to use (13) before his name, but he can put the initials KBE—Knight Commander of the (14) Empire—after his name.
Gates joins a roster of American (15) that includes former presidents Reagan and George H.W. Bush, comedian (16) Hope, retired U.S. Army Gen. Tommy Franks and former Secretary of (17) Colin Powell.
Gates said he was proud of what he called (18) "special relationship" with Britain.
"The U.K. was the first country in (19) Microsoft set up a subsidiary outside the U.S., and our experience in the (20) has been significant in shaping our international growth," he said.
Microsoft’s British facilities include Research Cambridge, a laboratory established in 1997 in the university town that employs 80 scientists. In 2000, the Bill & Melinda Gates Foundation announced a donation of $210 million to Cambridge University to create a scholarship program for graduate students from outside Britain.