问题 单项选择题

某股份有限公司书面授权其上海分公司在50万元以下提供保证。某实业公司因向银行贷款100万元,请上海分公司为其提供担保。上海分公司以保证人的身份在借款合同上盖章,后实业公司只归还40万元贷款,余款未能支付。银行即向法院起诉,要求股份公司承担保证责任。以下关于本案的认定中正确的是:

A.上海分公司超越授权范围提供担保,其担保行为无效,不承担保证责任

B.上海分公司超越授权范围提供担保,超越授权范围的部分无效,股份公司应在40万元的范围内承担保证责任,对越权部分承担过错责任

C.上海分公司超越授权范围提供担保,其担保行为无效,但因对担保无效有过错,应承担40万元的赔偿责任

D.上海分公司超越授权范围提供担保,超越授权范围的部分无效,在40万元的范围内独立承担保证责任

答案

参考答案:B

解析:[考点] 保证责任
依《担保法》第10条第2款规定,企业法人的分支机构在企业法人的书面授权范围内,可以提供保证。又据《担保法》第29条及《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》(以下简稍;《担保法解释》)第17条的规定,企业法人分支机构超出授权范围而提供保证的,超出部分无效。但企业法人分支机构对保证无效有过错的,应依《担保法》第5条第2款的规定承担过错责任。而企业法人分支机构的责任最终要由所属企业法人来承担。根据以上分析,本题应选B项。

选择题
阅读理解

The teacher was leaving the village, and everybody seemed sorry. The miller at Cresscombe lent him the small cart and horse to carry his goods to Christminster, the city of his destination, such a vehicle proving of quite enough size for the teacher's belongings, for his only article, in addition to the packing-case of books, was a piano that he had bought when he thought of learning instrumental music. But the eagerness having faded he had never acquired any skill in playing, and the purchased article had been a permanent trouble to him.

The headmaster had gone away for the day, being a man who disliked the sight of changes. He did not mean to return till the evening, when the new teacher would have arrived, and everything would be smooth again.

The blacksmith, the farm bailiff and the teacher were standing in confused attitudes in the sitting room before the instrument. The teacher had remarked that even if he got it into the cart he should not know what to do with it on his arrival at Christminster, since he was only going into a temporary place just at first.

A little boy of eleven, who had been assisting in the packing, joined the group of men, and said, ‘Aunt has got a fuel-house, and it could be put there, perhaps, till you’ve found a place to settle in, sir.’

‘Good idea,’ said the blacksmith.

The smith and the bailiff started to see about the possibility of the suggested shelter, and the boy and the teacher were left standing alone.

‘Sorry I am going, Jude?’ asked the latter kindly.

Tears rose into the boy’s eyes. He admitted that he was sorry.

‘So am I,’ said Mr. Phillotson.

‘Why do you go, sir?’ asked the boy.

‘Well—don't speak of this everywhere. You know what a university is, and a university degree? It is the necessary hallmark (标志) of a man who wants to do anything in teaching. My scheme, or dream, is to be a university graduate. By going to live at Christminster, I shall be at headquarters, so to speak, and if my scheme is practicable at all, I consider that being on the spot will afford me a better chance.’

The smith and his companion returned. Old Miss Fawley's fuel-house was practicable; and she seemed willing to give the instrument standing-room there. So it was left in the school till the evening, when more hands would be available for removing it; and the teacher gave a final glance round.

At nine o'clock Mr. Phillotson mounted beside his box of books, and waved his friends good-bye.

小题1:It seemed that the teacher _____.

A.was not getting on well with the headmaster

B.had lived a rather simple life in the village

C.was likely to continue to practice playing the piano

D.would get help in the city on arriving there小题2: The motivation of the teacher’s moving lay in his _____.

A.ambition

B.devotion

C.admiration

D.inspiration小题3: The boy named Jude may be described as _____. 

A.polite, generous and cheerful

B.active, modest and friendly

C.kind, bright and helpful

D.calm, confident and humorous小题4:In the passage the writer describes both the teacher’s _____.

A.love for music and his dislike for musical instruments

B.hard work in the village and his strong interest in city life

C.friendship with some villagers and also conflicts with others

D.eagerness to go to the city and his affection for the village