(2008，24)甲与乙签订买卖汽车的合同，甲为保证自己的货款实现，_爱下问搜题

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问题单项选择题

(2008，24)甲与乙签订买卖汽车的合同，甲为保证自己的货款实现，要求乙提供担保。乙对朋友丙说：“也就是走个形式，请你帮忙，我知道你根本也没有偿还能力，你只要替我向甲保证就可以了，剩余的事情由我来办。”后因乙不能偿还货款，甲便请求丙承担保证责任，丙以自己没有代为清偿的能力为由，主张保证无效。下列表述中正确的是( )。

A．丙的请求合法，应当支持

B．丙的请求不能得到法律支持，应承担保证责任

C．丙是受乙欺诈而作出的保证，可以请求撤销

D．甲与丙之间的保证应当无效，因丙无任何利益

答案

参考答案：B

解析：【真题解析】本题考点为保证责任及其免除。我国《担保法》第6条规定：“本法所称保证，是指保证人和债权人约定，当债务人不履行债务时，保证人按照约定履行债务或者承担责任的行为。”第30条规定：“有下列情形之一的，保证人不承担民事责任：(一)主合同当事人双方串通，骗取保证人提供保证的；(二)主合同债权人采取欺诈、胁迫等手段，使保证人在违背真实意思的情况下提供保证的。”最高人民法院《关于适用(中华人民共和国担保法)若干问题的解释》第14条规定：“不具有完全代偿能力的法人、其他组织或者自然人，以保证人身份订立保证合同后，又以自己没有代偿能力要求免除保证责任的，人民法院不予支持。”本题中丙并不具有不承担责任的情形。因此本题正确答案是B。

选择题

宋元时期，我国科技高度繁荣，代表当时科技水平的重大成就不包括[ ]

A．活字印刷术的发明

B．指南针应用于航海

C．郭守敬编成《授时历》

D．《大衍历》的制定

完形填空

One cold rainy evening last October, as a medical student, I was in a hospital, gathering data
for my graduation paper.
Holding a patient questionnaire   34  some simple yes-or-no questions, I walked towards a 43-year-old patient who lay in bed alone. I was worried whether she would approve of my demands at such a late hour.   35 , she treated it with consideration. Soon I finished and prepared to leave.   36  I could stand up, she spoke up in a weak voice asking where I was from and why I was working so late in the evening.
Then she started talking about herself as well as her   37 , "My husband died about a year ago,   38  me the only breadwinner of my family. My pay as a cleaner is   39  enough for me and my three kids. I don't know what my children would be if something bad happened to me."
I didn't know what to say. I desperately tried to remember the lessons from a communication skills class I had taken years earlier, but my mind was 40.
Without realizing it, I had begun   41  her hand. Now that I didn't have anything to say, I just sat quietly while she talked. That's when it occurred to me that she was not expecting any 42 from me. She   43  wanted me to listen. All 1 did was nod my head as a way of showing my 44.
The conversation went on for about 20 minutes. Finally, she stopped talking. "I'm very sorry for keeping you here to listen to my problems, but I feel   45  now. I had no one to   46 out my problems to. Thank you so much, doctor."
Sometimes patients do not need expensive medicine or advanced technology.   47 , they just need someone with the   48  to lend an ear and spare a little of their time. For me, that is one of the best things a doctor can do for a patient, doesn't it?

B．fed up with

C．put up with

D．come up with