问题 单项选择题

某股份有限公司书面授权其上海分公司在50万元以下提供保证。某实业公司因向银行贷款100万元,请上海分公司为其提供担保。上海分公司以保证人的身份在借款合同上盖章,后实业公司只归还40万元贷款,余款未能支付。银行即向法院起诉,要求股份公司承担保证责任。以下关于本案的认定中正确的是:

A.上海分公司超越授权范围提供担保,其担保行为无效,不承担保证责任

B.上海分公司超越授权范围提供担保,超越授权范围的部分无效,股份公司应在40万元的范围内承担保证责任,对越权部分承担过错责任

C.上海分公司超越授权范围提供担保,其担保行为无效,但因对担保无效有过错,应承担40万元的赔偿责任

D.上海分公司超越授权范围提供担保,超越授权范围的部分无效,在40万元的范围内独立承担保证责任

答案

参考答案:B

解析:依《担保法》第10条第2款规定,企业法人的分支机构在企业法人的书面授权范围内,可以提供保证。又据《担保法》第29条及《最高人民法院关于适用(中华人民共和国担保法)若干问题的解释》(以下简稍;《担保法解释》)第17条的规定,企业法人分支机构超出授权范围而提供保证的,超出部分无效。但企业法人分支机构对保证无效有过错的,应依《担保法》第5条第2款的规定承担过错责任。而企业法人分支机构的责任最终要由所属企业法人来承担。根据以上分析,本题应选B项。

阅读理解

阅读理解。

     Sometimes you make a wish, but when it comes, you decide you don't want it. That's what happened with

Micky's "birthday wish".

     Our family tradition is that you make a wish before you blow out the birthday candle. After he blew out the

candle, Micky told us that his wish was to win a prize in the Pine Ridge-match. We quickly told Micky, "If you

tell people your wish, your wish won't come true." So we lit the candle again, and he made another wish. Micky

and Paul were both supposed to start playing at 5:30.

     When Micky reported to the check-in table, the game organizers told him his opponent (对手) had phoned

and said he was coming late. The officials told Micky he could choose not to play and be declared the victor of

the first round of competition.

     But Micky said he didn't want to win by not playing. He wanted the experience of playing a great player.

Finally, the beast showed up. He was tall, smiling and relaxed. His serve (发球) was like lightning.  

     Micky had some good returns, but he lost quickly, 6-1, 6-0.

     We congratulated Micky on having some good returns and a few great serves. And we noted that he had

won the first game.

     "I didn't win that game," Micky said. "I think he just gave it to me at the beginning because he arrived late."

     "It was a birthday present." I said, smiling.

     "No, I refused my birthday present," Micky said. In his eyes, his "birthday present" had been the chance to

win by his opponent's being late.

     Micky ended up winning the "consolation prize (鼓励奖)" a small prize that we didn't know existed until

Micky earned it by being undefeated in the consolation bracket (档次).

     We'll' never know what Micky's second wish was-the wish he didn't share with us.

     It seems to me that no matter how many birthdays you celebrate, as long as you enjoy challenges, you will

never be "old".

1. What kind of person is Micky? [ ]

A. A person who always gives up.

B. A person who is afraid of challenges.

C. One who enjoys challenges.

D. One who is selfish.

2. Why did Micky lose the match?[ ]

A. Because he gave up a good chance.

B. Because he let the others know his birthday wish.

C. Because he was proud of himself.

D. Because his opponent played much better than him

3. The prize Micky won was _____. [ ]

A. one he had expected

B. not a well-known one

C. a famous one

D. one he thought meaningless

4. It can be inferred from the last paragraph that _____. [ ]

A. enjoying challenges is helpful for one to keep "young"

B. one will become old as he celebrates his birthdays

C. one will stay young by continuously celebrating his birthdays

D. challenges can make one never get old

单项选择题