问题 多项选择题

下列关于合伙企业和有限责任公司的说法正确的是:()

A.合伙人的人数有下限;有限责任公司的股东人数有上限

B.合伙企业和有限责任公司都享有财产权

C.合伙人的出资形式比有限责任公司灵活

D.合伙企业在法律上没有注册资本最低限额和缴付期限的限制

答案

参考答案:A, C, D

解析:考查有限责任公司与有限合伙的区别。A选项的说法正确。法律依据为《合伙企业法》第14条、《公司法》第24条的规定。B选项的说法不正确。法律依据为《公司法》第3条的规定,公司有独立的法人财产,享有法人财产权。《合伙企业法》第20条虽然也规定了合伙人的出资、以合伙企业名义取得的收益和依法取得的其他财产,均为合伙企业的财产。实践中应当区分合伙人出资的财产和合伙积累的财产,合伙人以房屋使用权、商标使用权、专利使用权出资的,出资人并不因此丧失房屋的所有权、商标权、专利权等权利,这些出资财产的所有权仍属于出资人,合伙人只享有使用和管理权。而合伙经营积累的财产归合伙人共有。(《民法通则》第32条)但是合伙企业的财产归合伙人所有,合伙企业不享有独立的财产权。C选项说法正确,法律依据为《合伙企业法》第16条、《公司法》第27条的规定,《公司法解释(三)》中的相关规定,合伙企业中合伙人承担无限连带责任,故其出资方式比有限责任公司灵活。D选项的说法正确。《合伙企业法》第17条规定,合伙人应当按照合伙协议约定的出资方式、数额和缴付期限,履行出资义务。

阅读理解

Daniel was always making excuses for forgetting to do things. His usual excuse was: “ I was too busy.” or “I didn’t have time.”

Daniel’s parents were worried about him. “ He shouldn’t go through life making excuses all the time.” his father said. “ No one will trust him to do anything. He won’t be able to keep a job. No sensible(明智的)girl will marry him.”

“I don’t know what we can do.” his mother said.

“I have an idea.” his father said. “If this doesn’t work, nothing will.”

The next day was Daniel’s birthday. He was really looking forward to getting exciting presents. He woke up, expecting his parents to wish him a happy birthday. But all day what they said was “Good morning, Daniel. Hurry, or you will be late for school.” There were no presents, not even a card. He was really disappointed.

“Never mind.” he thought. (3) “There’ll be a surprise for me after school.” But there wasn’t. Sadly he said to his parents at dinner, “Today’s my birthday.”

“Oh,” his father said. “So it is. I forgot.”

“So did I.” his mother said.

“How could you forget?” Daniel asked. “There must be a reason.”

“Well, yes.” his father said. “We have a really good excuse for forgetting your birthday, Daniel. We didn’t remember your birthday because we were too busy.”

Poor Daniel! He never had a silly excuse for not doing something again.

小题1:判断Daniel got his birthday present at last(   )。

小题2:He thought there would be ________for him afte school.

小题3:What did Daniel feel when he didn’t receive any presents?

_______________________________________________________.

小题4:What do you learn from the story?_____________________________________.

小题5:翻译划横线句子?

_________________________________________________________________.

单项选择题