问题 单项选择题

甲为某合伙企业的合伙人,甲欠乙人民币10万元,无力用个人财产清偿。乙在不满足于用甲从该合伙企业分得的收益偿还其债务的情况下,可以采取的行为是( )。

A.代位行使甲在该合伙企业的权利
B.依法请求人民法院强制执行甲在该合伙企业的财产份额用于清偿
C.自行接管甲在该合伙企业的财产份额
D.直接变卖甲在该合伙企业的财产份额用于清偿

答案

参考答案:B

解析: 本题考核点是合伙企业的债务清偿。本题中乙身为合伙企业合伙人甲的债权人,因其不满足甲从合伙企业分得的收益偿还其债务,还可以采取另一合法的做法,即请求法院强制执行甲在合伙企业的财产份额用于清偿。因此B选项是正确的。A选项的错误在于债权人为合伙企业中某一合伙人的债权人,根据规定其债权人不得代位行使甲在该合伙企业的权利。C选项错误在于债权人为合伙企业中某一合伙人的债权人,根据规定其债权人不得以该债权抵消其对合伙企业的债务。D选项是清偿程序上的错误,债权人无权自行行使,必须通过《民事诉讼法》规定的强制执行程序进行。

阅读理解

Three years ago I listened to a lecture on cognition that changed the way I think about intelligence. There are two types of cognition, and the first is normal cognition the ability to regain knowledge from memory. The second type of cognition is metacognition(元认知) the ability to know whether or not you know.

Does this affect intelligence? In traditional education, intelligence is measured by cognitive ability. Some people can easily produce everything they know on a test. But others are awarded with poor grades and considered inferior (not as good as). But does this inability make them any less intelligent? If the question came up on a task, they could refer to a book or a quick Google search. In reality they’re just as effective as the people that ace a test. They just can’t prove it as easily.

Metacognition is more important to success than cognition. A person with poor cognitive ability, but great metacognitive ability might do poorly in school, but when faced with a challenge, they understand their abilities and take the best course of action. For example, when faced with a question, a person with strong metacognitive ability will deal with it like this. If he knows the answer, but can’t come up with it, he can always do a bit of research. If he knows for sure that he doesn’t know, then he can start educating himself. Because he’s aware of his ignorance, he doesn’t act with foolish confidence. These people might not seem intelligent at first glance, but because they know what they know, they make better decisions and learn the most important things.

However, people with great cognitive ability but poor metacognitive ability may be considered excellent at a young age for acing every test and getting great SAT scores. Unfortunately, they’ve been ruined by poor metacognition they think they know everything but they really don’t. They are arrogant (overconfident), fail to learn from mistakes, and don’t understand the slight differences of personal relationships, showing disregard for persons with lower cognitive ability. They may make the worst decisions.

The most important mental power is the ability to know what you don’t know .The recognition of a fault is the first step to improvement. Don’t try to hide a lack of knowledge. For intelligent people this is the toughest lesson to learn.

小题1:People with great cognitive ability tend to ______________.       

A.do well in tests

B.be considered inferior

C.be more effective than others

D.do research when faced with a task小题2:The underlined phrase “take the best course of action,” probably means______.

A.starting educating himself

B.taking action during the course

C.making the right decision

D.coming up with many ideas小题3:People with poor metacognition may not succeed because they ________.

A.lack basic moral values

B.have improper self evaluation

C.fail to communicate with others

D.show little respect for others小题4:The author probably supports the idea that ___________.

A.intelligence is measured by cognitive ability

B.cognition is the most important mental power

C.the toughest lesson is to distinguish the two types of cognition

D.the awareness of one’s ignorance contributes to one’s improvement

单项选择题