问题 单项选择题

下列行为中,可以作为债权人撤销权标的的是( )。

A.债务人某甲在其父亲死亡后,拒绝接受继承的行为

B.债务人某乙以自己财产为自己的亲戚李某从银行贷款设定担保,由于李某打算贷款炒股,风险极大,有可能损害某乙的债权人的利益

C.债务人某丙捡到他人的钱包又将其返还给他人,并且还拒绝他人给付他的酬金的行为

D.债务人某丁自己本身就比较贫困,却还收养了一个孤儿的行为,有可能害及债权

答案

参考答案:B

解析:本题涉及撤销权的标的问题。撤销权的标的是债务人实施的使自己的责任财产予以减少的行为,而且该行为应是可能损害债权人债权实现的行为。在实务中,这些行为具体包括:(1)债务人无偿转让财产的行为;(2)债务人放弃到期债权的行为;(3)债务人放弃未到期债权的行为;(4)债务人以明显不合理的低价转让财产的行为;(5)债务人以明显不合理的高价收购他人财产的行为;(6)债务人无偿为他人债务提供担保;(7)债务人与某一债权人恶意串通,将自己的全部财产抵押给某一债权人而损害其他债权人利益。撤销权的标的应是财产行为,而且应是使债务人的责任财产予以减少的行为,不使债务人的责任财产予以增加的行为不为撤销权的标的,如债务人放弃继承、放弃受遗赠、放弃赠与。债务人的身份行为也不得撤销,如收养行为,婚姻行为。本题中,A选项属于债务人不使自己的责任财产予以增加的行为,故不得撤销;C选项与A选项相同,故不得撤销;D选项属于身份行为,不得撤销。只有B选项属于使债务人的责任财产减少的行为,故属于撤销权的标的。故本题答案为B。

单项选择题

An eight-year-old child heard her parents talking about her little brother. All she knew was that he was very sick and they had no money left. When she heard her daddy say to her (1) mother," (2) a miracle can save him now", the little girl went to her bedroom and took out her piggy bank. She (3) all the change out on the floor and counted it carefully. Then she (4) her way six blocks to the drugstore.

"And what do you want" asked the shopkeeper. "It’s (5) my little brother," the girl answered back. "He’s really, really sick and I want to buy a (6) . His name is Andrew and he has something (7) growing inside his head and my daddy says only a miracle can save him. " "We don’t (8) miracles here, child. I’m sorry." the chemist said, smiling (9) at the little girl.

In the shop was a (10) customer. He stooped down and asked the little girl, "What kind of miracle does your brother (11) " "I don’t know," she replied. "He’s really sick and mommy says he needs (12) . But my daddy can’t pay for it, so I have brought my (13) .""How much do you have" asked the man. "One dollar and eleven cents, (14) I can try and get some more," she answered quietly. "Well, what a coincidence," smiled the man. "A dollar and eleven cents—the (15) price of a miracle for little brothers. (16) me to where you live. I want to see your brother and (17) your parents. "

That well-dressed man was Dr Carlton Armp, a doctor. The operation was completed without any (18) and it wasn’t long before Andrew was (19) again. The little girl was happy. She knew exactly how much the miracle cost—one dollar and eleven cents—also the (20) of a little child.

19().

A.happy

B.well

C.p

D.grateful

单项选择题