问题 单项选择题

民事案件审结后,执行员在执行本院已生效的判决、裁定和调解协议时,发现确有错误的,应当( )

A.向被执行人说明原因

B.将错误改正过来

C.执行无错误的部分

D.提出书面意见,报请院长审查处理

答案

参考答案:D

解析:本题考执行中的错误纠正,参见《最高人民法院关于适用<中华人民共和国民事诉讼法>若干问题的意见》第258条规定的内容。

多项选择题
问答题

–OAO- Relax is a company that operates a chain of hotels and leisure centres in several towns and cities throughout Russia. Last year, –OAO- Relax appointed Tamara, a new chief executive officer, who persuaded the board of directors to diversify the business by setting up a chain of health clubs. Despite scepticism in the media and opposition from some of the shareholders, Tamara proceeded with the plans.The outcome of the diversification has been a disaster. The health clubs failed to attract sufficient business to cover their costs and proved to be a drain on the company’s resources. –OAO- Relax is faced with the prospect of closing down the health clubs, or selling off this part of the business at a huge loss.A group of shareholders that collectively holds 8% of the shares in –OAO- Relax believes that the initiative has caused irreversible damage to the company. They have been backed by three of the company’s ten directors, who consistently opposed the initiative only to be outvoted by their colleagues on the board. These directors argue that their colleagues who backed Tamara’s ideas made no real effort to understand the market and simply went along with Tamara’s proposals. These directors are willing to provide documentary evidence that the decisions that were taken were based on incomplete and inaccurate information.Required:

(a) Explain the actions that the shareholders who own 8% of the shares in –OAO- Relax could take to address their concerns. (5 marks)