问题 单项选择题

下列情形中,当事人主张诉讼时效抗辩,能够得到人民法院支持的是()。

A.债权人甲要求银行支付自己在3年前存入银行的活期存款本金及利息,银行以诉讼时效已过为由抗辩 

B.债权人乙要求债务人公司的股东缴足5年前应当缴付而未缴付的出资额,股东以诉讼时效已过为由抗辩 

C.专利权人丙在得知侵犯专利权行为后的第5年提起诉讼要求侵权人停止侵害,侵权人以诉讼时效己过为由抗辩 

D.债权人丁在诉讼时效届满前5日以平信方式发送催款函给债务人,却因地址书写错误在2个月后被退回。丁遂提起诉讼,债务人以诉讼时效已过为由抗辩

答案

参考答案:D

解析:根据规定,当事人可以对债权请求权提出诉讼时效抗辩,但对下列债权请求权提出诉讼时效抗辩的,人民法院不予支持: (1)支付存款本金及利息请求权; (2)兑付国债、金融债券以及向不特定对象发行的企业债券本息请求权; (3)基于投资关系产生的缴付出资请求权; (4)其他依法不适用诉讼时效规定的债权请求权。 因此选项A、B不选。侵犯专利权的诉讼时效为2年,自专利权人或者利害关系人得知或者应当得知侵权行为之日起计算。因此选项C不选。

判断题
阅读理解

B

More than 10 years ago, it was difficult to buy a tasty pineapple. The fruits that made it to the UK were green on the outside and, more often than not, hard with an unpleasant taste within. Then in 1996, the Del Monte Gold pineapple produced in Hawaii first hit our shelves.

The new type of pineapple looked more yellowy-gold than green. It was slightly softer on the outside and had a lot of juice inside. But the most important thing about this new type of pineapple was that it was twice as sweet as the hit-and-miss pineapples we had known. In no time, the Del Monte Gold took the market by storm, rapidly becoming the world’s best-selling pineapple variety, and delivering natural levels of sweetness in the mouth, up until then only found in tinned pineapple.

In nutrition(营养) it was all good news too. This nice-tasting pineapple contained four times more vitamin C(维生素C) than the old green variety. Nutritionists said that it was not only full of vitamins, but also good against some diseases. People were understandably eager to be able to buy this wonderful fruit. The new type of pineapple was selling fast, and the Del Monte Gold pineapple rapidly became a fixture in the shopping basket of the healthy eater.

Seeing the growing market for its winning pineapple, Del Monte tried to keep the market to itself. But other fruit companies developed similar pineapples. Del Monte turned to law for help, but failed. Those companies argued successfully that Del Monte’s attempts to keep the golden pineapple for itself were just a way to knock them out of the market.

小题1:We learn from the text that the new type of pineapple is ______.

A.green outside and sweet inside

B.good-looking outside and soft inside

C.yellowy-gold outside and hard inside

D.a little soft outside and sweet inside小题2:Why was the new type of pineapple selling well?

A.It was rich in nutrition and tasted nice.

B.It was less sweet and good for health.

C.It was developed by Del Monte.

D.It was used as medicine.小题3:The underlined word “fixture” in Paragraph 3 probably refers to something ______.

A. that people enjoy eating             B. that is always present

CV. that is difficult to get                     D. that people use as a gift

小题4:We learn from the last paragraph that Del Monte ______.

A.allowed other companies to develop pineapples

B.succeeded in keeping the pineapple for itself

C.tried hard to control the pineapple market

D.planned to help the other companies