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。

阅读理解

任务型阅读。

     On our journey to finding our true self and achieving our full potential, we sometimes get into hard

times. However, we must never lose hope for only through determination and discipline will we be able

to reach personal growth. The following tips may help you to achieve your goals for personal growth.

     Find challenges

     If you don't find any challenges to your life, don't just let it be but find them yourself. You should

understand that staying too much in your comfort zone would just cause you to remain where you are

and therefore never improve. So try to find new challenges that would further develop your strengths

and therefore achieve their peak performance.

     Always have a positive mindset (思维模式)

     You should develop a positive mindset, as this would be useful when you face any challenge along

the way. Through this type of mindset, you will be able to continue with your life no matter how hard

the challenge you face is. You should always find a reason to be happy, which would fuel you to go on

further and further until you reach your destination.

     You are not alone and you shouldn't let yourself be

     This is a very important factor. Sometimes we are so stubborn about doing things on our own that

we don't ask others for help. Generally speaking, doing things by yourself is not wrong, and, in fact, it's

even preferred to be independent. However, there are really instances in our life that we need to ask

others for help. You shouldn't see this as being weak, and other people won't think less of you if you

do this. We humans are communal individuals and we could achieve more in this world if we help one

another. So don't hesitate to ask for help if you need it, and also lend a hand to others when they need

you.

     Plan

     When you want to achieve something, don't be in a rush. You need to make good preparations

before doing it, that is, to plan your overall course of action in advance. Create a goal that you are ready

to bet your life on, and check it to see if it is really the goal you want to attain before you give it your all

without any second thoughts. When you're sure about it, plan the ways to achieve it, and to evaluate if

your process is effective while still along the way. You can change your course of actions while you still

have time. Make sure that your goals are specific, attainable and time limited. In this way you can make

sure you are not planning to fail, but to be successful in your search for personal growth.

     Consistency is the key to securing self-improvement; however, being able to do this is really hard.

Still we need to be prepared to pay our dues if we want to reach our goal in life.

单项选择题