问题 单项选择题

根据合同法理论,下列情况不可以抵销的是()。

A.甲公司在2013年11月12日要求乙公司支付100万元,甲公司在2013年10月2日应还乙公司20万元服装款,双方债权均到期,甲公司主张债权时,乙公司主动抵销,只还80万元

B.李某欠王某3万元石灰款,王某欠李某2万元餐费,双方债权均到期,王某主张债权时,李某主动抵销,只还1万元

C.马某找齐某要欠款7万元,齐某以马某尚欠租房费1万元为由,只还马某6万元

D.甲是债权人,乙是债务人,丙是乙的债务人。乙被申请破产,法院受理后,丙取得了甲对乙的债权,丙向乙主张抵销

答案

参考答案:D

解析:本题考核抵销。债务人的债务人在破产申请受理后取得他人对债务人的债权的,不得抵销。

单项选择题
单项选择题

The United States experienced some of the most extreme weather events in its history this spring, including deadly outbreaks of tornadoes, near-record flooding, drought and wildfires. Damages from these disasters have already passed $ 32 billion, and the hurricane season, which is just beginning, is projected to be above average, according to the National Oceanic and Atmospheric Administration.

Government scientists said Wednesday that the frequency of extreme weather has increased over the past two decades, in part as a result of global warming caused by the accumulation of carbon dioxide in the atmosphere. But they were careful not to blame humans for this year’s rash of deadly events, saying that in some ways weather patterns were returning to those seen at the beginning of the last century. "Looking at long-term patterns since 1980, indeed, extreme climatological and meteorological events have increased," said Thomas R. Karl, director of NOAA’s National Climatic Data Center. "But in the early part of the 20th century, there was also a tendency for more extreme events followed by a quiet couple of decades. "

Presenting a new NOAA report on 2011 extreme weather, Dr. Karl said that extremes of precipitation have increased as the planet warms and more water evaporates from the oceans. He also said models suggest that as carbon dioxide builds up in the atmosphere and heats the planet, droughts will increase in frequency and intensity. "But it is difficult and unlikely to discern a human fingerprint, if there is one, on the drought record of the United States," he said.

Some other climate scientists were more categorical about the human contribution to extreme climate events. Kevin Trenberth, distinguished senior scientist at the National Center for Atmospheric Research, said that when the greenhouse effect caused by burning fossil fuels is added to the natural variability of climate, weather disasters can be expected to occur more frequently. "Global warming is contributing to an increased incidence of extreme weather because the environment in which all storms form has changed from human activities," Dr. Trenberth said in a telephone interview Wednesday. "Records are not just broken, they are smashed. It is as clear a warning as we are going to get about prospects for the future. "

April was a particularly devastating month for tornadoes and rainfall, with 875 tornadoes reported during the month and heavy rain and snowmelt contributing to Mississippi River flooding later in the spring that surpassed the historic floods of 1927 and 1937. So far this year, there have been nearly 1,400 preliminary tornado reports nationwide; those reports will most likely be whittled down to about 900 confirmed tornadoes, the second-highest annual total recorded in modern times. The record is 1,011 confirmed tornadoes in 2008. The year also is on track to be one of the deadliest, with 536 fatalities so far from tornadoes, placing 2011 in sixth place in United States history and the deadliest since 1936.

Those who blame human activities attribute heightened extreme weather to()

A.the natural climatological and meteorological variability

B.the increased frequency and intensity of storms and droughts

C.the higher levels of carbon dioxide in the atmosphere

D.the global warming caused by evaporation from the ocean