问题 单项选择题

关于保证期间与诉讼时效,下列选项错误的是()。

A.保证期间是时效期间

B.债权人未在保证期内向保证人提出诉讼或要求保证人承担保证责任之债的,保证人不承担保证责任

C.债权人在保证期间提起诉讼,或要求保证人承担保证之债,开始诉讼时效

D.债权人在保证期间向保证人提起诉讼或要求保证人承担保证之债,其诉讼时效期间为2年

答案

参考答案:A

解析:(1)根据《担保法》第25条、第26条的规定可知:   ①一般保证与连带保证的保证期间的确定规则是一样的:①有约定的,从约定;②无约定的,为主债务履行后满之日起6个月。   ②一般保证与连带保证的保证期间的责任免除制度不同。   一般保证的债权人在合同约定或法律规定的保证期间内,债权人未对债务人提起诉讼或者申请仲裁的,即为保证期间经过,保证人免除保证责任;债权人已提起诉讼或者申请仲裁的,根据《担保法解释》第 34条的规定,从判决或者仲裁裁决生效之日起,开始计算一般保证合同的诉讼时效。   连带责任保证的债权人在合同约定或法律规定的期间内,未要求保证人承担保证责任的,即为保证期间经过,保证人免除保证责任;要求保证人承担保证责任的,根据《担保法解释》第34条的规定,从债权人要求保证人承担保证责任之日起,开始计算连带责任保证合同的诉讼时效。   (2)《担保法解释》第31条对《担保法》第25条进行了修正,根据本条文规定,保证期间是除斥期间,不因任何事由发生中断、终止和延长的法律后果。   保证期间内,债权人只能行使一次权利,只要债权人在保证期间内向保证人主张一次权利,则保证期间即消灭,进而转入保证合同的诉讼时效2年。   (3)《担保法解释》第32条、第33条规定了保证期间的具体计算规则。   ①根据《担保法解释》第32条的规定,保证合同约定的保证期间早于或者等于主债务履行期限的,视为没有约定,保证期间为主债务履行期届满之日起6个月。保证合同约定保证人承担保证责任直至主债务本息还清时为止等类似内容的,视为约定不明,保证期间为主债务履行期届满之日起2年。   ②根据《担保法解释》第33条的规定,主合同对主债务履行期限没有约定或者约定不明的,保证期间自债权人要求债务人履行义务的宽限期届满之日起计算。

阅读理解

The first thing my host father “warmed” me was that almost everyone in America was a big hugger.

I didn’t understand what he meant until my first party. Whether they were friends or strangers, teenagers or elders, girls or guys, everyone I met gave me a big hug.

However, as time went on, I began to understand America’s hugging culture. When a friend broke up with me, I was sad. When I told my best American friend about it, she said nothing but put her arms around me. Then warmth of the hug was a greater comfort than anything she could have said to me.

One winter day I was walking along the street, shivering(颤抖). It was then I saw two women, each holding a paper board, on which there were two words:FREE HUGS. Their were red because of the freezing weather and they were jumping up and down to keep themselves warm. “Hi, girl! Do you want a hug?” One of them asked me. I went up and opened my arms. The hug was short but warm and it took some of the coldness of the day away.

After that I became a big hugger myself. One time my host father and I were traveling to another town. When we reached a restaurant where my friend Cindy worked, he stopped the car.

“What’ wrong?” I asked.” “Alice, why don’t you go inside and give Cindy a hug?” He suggested. I went into the restaurant, ran straight up to Cindy, and gave her a hug before she realized what was going on. “That was a big surprise! And you got my day sweetie! ” She told me later.

A hug is a way to communicate love and care. Do you want a hug? My arms are wide open.

56.The point of the first three paragraphs is to explain      .

A.how body language is more important than actual words

B.why hugging is so important in American culture

C.how expressing, feelings can be difficult for Chinese

D.how the author’s attitude toward hugging culture changed

57.We can infer from the passage that the host father      .

A.seldom has has time to spend with the author

B.often shares his experience with the author

C.warns the author of the possible danger

D.teachers the author to show her care for her friends

58.According the passage, a hug can make us feel

A.comforted, loved and cared for                   B.happy, understood and amazed                 

C.excited, wise and surprised     D.cared for, wise and happy

单项选择题