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厂卢某,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,应当按夫妻共同债务处理。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

Americans have a great love for informality and nowhere is this better expressed than in their love for nicknames (昵称,绰号). Upon greeting strangers for the first time they will quickly introduce themselves by their nickname. These are shortened forms of their given name at birth and reflect the casual relationships which exist among friends and coworkers. Family names are hardly ever used in daily situations and the use of one’s father’s last name is saved only for rare and formal occasions.
In many traditional cultures the use of the family name is seen as a sign of respect. For Americans, however, it’s the nickname which creates an immediate intimacy between two people upon which to build a relationship. By speaking to another on a first name basis and using his nickname, walls are immediately torn down and equality between two people is established.
At work bosses will refer to their employees by their nicknames. Should an employer use a worker’s family name, you can be sure that some kind of correction or serious business will follow.
This love for nicknames can create a sense of closeness between people who are otherwise not related. Even the presidents of the United States have borne nicknames. Abraham Lincoln was known as Honest Abe. John F. Kennedy was known as Jack or JFK and William Clinton has no reservations in letting people know he prefers to be called Bill, but those who look upon him with disfavor may call him Slick Willy.
Not only people but cities often carry their own nicknames. Chicago is called the "Windy City" because of the p winds which come down from Canada throughout the year. New York City is considered the "Big Apple" for reasons which are still obscure to most people including many New Yorkers.
Not every nickname, however, is positive and some can be rather rude and insulting. If someone should demonstrate a certain negative characteristic, a label will soon be attached to describe that person in an unpleasant way.
Likewise a person’s physical traits which are very dominant may lead to nicknames but not necessarily to one’s liking or choice. A nickname, therefore, is a way of identifying or describing someone or something for better or worse.

An American employer is likely to use a worker’s family name when ______.

A. the worker is to get a promotion
B. the worker has done something wrong
C. he speaks to the worker at a gathering
D. he is being friendly with the worker

判断题