问题 单项选择题

李某在婚前系一个体工商户,专营服装生意。李某为扩大生意,遂向同行的吕某借了10万元钱。并立字据,落款人是李某与吕某。李某在经营过程中结识了卢某,经过半年的相识了解后决定结婚,卢某跟随李某共同经营生意。李某和卢某用共同经营得来的钱扩大经营并购置了一房产。后因为夫妻两人发现对方都不适合自己,并经常发生争执。于是卢某和李某决定离婚。吕某闻讯后,因李某南下经营,就找卢某要求返还10万元的借款。但卢某称这10万元是李某在婚前借的,与我无关。后吕某诉至法院。下列说法正确的是:

A.吕某只能请求李某还款

B.吕某只能请求卢某还款

C.吕某可向李某和卢某要求还款

D.吕某不能向李某或卢某请求还款

答案

参考答案:C

解析:此案例的关键是李某在婚前的个人借款是在婚后用于家庭生活或是用于个人而有根本区别。用于家庭生活的,其配偶要承担还款的义务。 我国《婚姻法》第41条规定离婚时,原为夫妻共同生活所负的债务,应当共同偿还。共同财产不足清偿的,或财产归各自所有的,由双方协议清偿;协议不成时,由人民法院判决。所以第41条规定了婚后的债务安排,并未对婚前的个人债务作出规定。 《关于适用(中华人民共和国婚姻法)若干问题的解释(二)》则对婚前和婚后的个人借款各种情况分别作出规定。第23条规定,债权人就一方婚前所负个人债务向债务人的配偶主张权利的,人民法院不予支持。但债权人能够证明所负债务用于婚后家庭共同生活的除外。第 24条规定,债权人就婚姻关系存续期间夫妻一方以个人名义所负债务主张权利的,应当按夫凄共同债务处理。但夫妻一方能够证明债权人与债务人明确约定为个人债务,或者能够证明属于婚姻法第19条第3款规定情形的除外。所以在本案中,李某虽是在婚前以个人名义借款,来扩大经营,而扩大经营的所得用于婚后的夫妻共同生活,如购置房产等。所以在离婚后,其配偶卢某也要承担还款的义务。本题答案是C。

单项选择题

(B)

Disney’s cartoon, Finding Nemo, tells a touching story of a father called Martin and his son Nemo.

Martin loses his wife and an entire family of unhatched eggs to a huge shark. Only one fish egg remains, Nemo. Martin promises his dead wife that he will protect his young son at any cost. So, Martin becomes fearful of almost everything in the ocean. That makes him over protective-he hopes to keep his kid safe from the challenges that life presents. Martin’s nagging (唠叨) makes Nemo feel that he doesn’t need his dad telling him what to do.

So on his first day of school, Nemo and some friends swim to the edge of their coral reef, a place Martin always thinks is very dangerous. When Martin shouts at Nemo come back, Nemo refuses to listen to him and swim out to a boat in the distance. Suddenly, he gets caught by some divers. So begins Martin’s journey to find Nemo, who ends up in an aquarium in an office in Australia. Soon the worried father runs into Dory, a forgetful blue fish, who helps Martin find his son. Meanwhile, Nemo misses his father terribly. He soon hears that he will be given to an eight-yearold girl who likes to kill fish.

Can Martin find his son before it is too late

Finding Nemo is a physical and mental journey. Martin overcomes his shyness and anxieties and Nemo discovers his own and his father’s hidden strengths. It celebrates the relationship between fathers and their sons.

The cartoon paints a sea world that is alive with color. All the characters are very human-like and have their own personalities.

Finding Nemo was released in the US on may 30, earning about US $70.6 million in just three days, it has set a new opening records for a cartoon.

It can be concluded according to the cartoon that().

A. Nemo has a wonderful journey after leaving his father

B. Martin has met a lot of difficulties finding his son

C. Nemo is really independent after leaving his father

D. Nemo never needs any protection from his father

问答题 简答题