问题 单项选择题

研零公司与蓝方公司订立买卖合同,蓝方公司要求研零公司为其合同债款提供担保,研零公司找到其参与投资的一家公司――研乙公司的刘华董事长,要求刘华董事长以研乙公司的资产为研零公司提供担保,刘华董事长遂答应,以研乙公司的名义与蓝方公司签订了为研零公司的合同债款提供连带责任担保的合同。现在,研零公司不能如期支付合同债款,蓝方公司找到研乙公司要求其承担保证责任。研乙公司拒不承担保证责任,此时蓝方公司才知道研零公司是研乙公司的股东。以下说法正确的是:( )

A.研乙公司与蓝方公司的担保合同无效

B.研乙公司对于研零公司的债务不承担责任

C.研乙公司对研零公司的债务仍要承担责任,但在主合同纠纷未经审判或者仲裁,并就研零公司财产依法强制执行仍不能履行债务前,对蓝方公司可以拒绝承担保证责任

D.由于蓝方公司不知道研零公司是研乙公司的股东,作为善意第三人,其与研乙公司的担保合同合法有效

答案

参考答案:A

解析:考点:担保合同的效力  讲解:《担保法》第18条规定;“当事人在保证合同中约定保证人与债务人对债务承担连带责任的,为连带责任保证。  连带责任保证的债务人在主合同规定的债务履行期届满没有履行债务的,债权人可以要求债务人履行债务,也可以要求保证人在其保证范围内承担保证责任。”  《担保法解释》第4条规定:“董事、经理违反《中华人民共和国公司法》第六十条的规定,以公司资产为本公司的股东或者其他个人债务提供担保的,担保合同无效。除债权人知道或者应当知道的外,债务人、担保人应当对债权人的损失承担连带赔偿责任。”  依上述法条可知,研乙公司和蓝方公司的担保合同是无效的,故A项的说法是正确的。

阅读理解

阅读理解。

     "Mum, what does it mean when someone tells you that they have a skeleton (骨骼) in

the closet (衣橱)?"Jessica asked."A skeleton in the closet?" her mother paused thoughtfully.

"Well, it's something that you would rather not have anyone else know about.For example,

if in the past, someone in Dad's family had been arrested for stealing a horse, it would be'a

skeleton in his family's closet'.He really wouldn't want any neighbor to know about it."

     "Why pick on my family?" Jessica's father said with anger."Your family history isn't so

good, you know.Wasn't your greatgreatgrandfather a prisoner who was transported to

Australia for his crimes?""Yes, but people these days say that you are not a real Australian

unless your ancestors arrived as prisoners.""Gosh, sorry I asked.I think I understand now."

Jessica cut in before things grew worse.

     After dinner, the house was very quiet.Jessica's parents were still quite angry with

each other.Her mother was ironing clothes and every now and then she glared at her

husband, who hid behind his newspaper pretending to read.When she finished, she

gathered the freshly pressed clothes in her arms and walked to Jessica's closet.Just as

she opened the door and reached in to hang a skirt, a bony arm stuck out from the

dark depths and a bundle of white bones fell to the floor.Jessica's mother sank into a

faint (晕倒), waking only when Jessica put a cold, wet cloth on her forehead.She

looked up to see the worried faces of her husband and daughter.

     "What happened? Where am I?" she asked."You just destroyed the school's skeleton,

Mum." explained Jessica."I brought it home to help me with my health project.I meant

to tell you, but it seemed that as soon as I mentioned skeletons and closets, it caused a

problem between you and Dad." Jessica looked in amazement as her parents began to

laugh madly."They're both crazy." she thought.

1.According to Jessica's mother, "a skeleton in the closet" means________.

A.a family honour

B.a family secret

C.a family story

D.a family treasure

2.What can we learn about some Australians' ancestors from Paragraph 2?

A.They were brought to Australia as prisoners.

B.They were the earliest people living in Australia.

C.They were involved in some crimes in Australia.

D.They were not regarded as criminals in their days.

3.Jessica's mother fell down into a faint because she was____.

A.knocked

B.frightened

C.injured

D.surprised

4.Why did Jessica bring a skeleton home?

A.She was curious about it.

B.She planned to keep it for fun.

C.She needed it for her school task.

D.She intended to scare her parents.

选择题