问题 问答题 案例分析题

2009年3月,甲公司向乙银行借款100万人民币,期限1年,丙公司与乙银行签订保证合同,为甲公司借款提供一般保证。借款到期后,甲公司只还了60万元,乙银行便要求丙公司偿还余款和利息,丙公司拒绝支付。请回答:

(1)一般保证人享有什么权利?

(2)丙公司拒绝支付是否有法律依据?

(3)如果当事人未约定保证期间,法定的保证期间是多少?

(4)乙银行应如何 * * ?

答案

参考答案:

(1)一般保证人享有先诉抗辩权。

(2)有根据担保法的规定,在主合同纠纷未解决,并就债务人财产依法强制执行仍不能清偿债务前,一般保证人可以拒绝承担保证责任。

(3)法定的保证期间应为自主债务履行期限届满之日起6个月。

(4)乙银行应自主债务履行期限届满之日起6个月内起诉甲公司,如果法院强制执行甲公司的财产仍不能清偿债务,再起诉丙公司。

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Feeling tired lately? Has the doctor said he can’t find anything wrong with you? Perhaps he sent you to a hospital, but all the advanced equipment there shows that there is nothing wrong.
Then consider this, you might be in a state of subhealth(亚健康).
Subhealth, also called the third state or grey state, is explained as an indefinate state between health and disease. According to an investigation by the National Health Organization, over 45 per cent of subhealthy people are middle-aged or elderly. The percentage is even higher among people who work in management position as well as students around exam.
Symptoms(症状)include a lack of energy, depression, slow reactions, insomnia(失眠),Worries and poor memory. Others symptoms include shortness of breath, sweating and aching in the waist and legs.
The key to preventing and recovering from subhealth, according to some medical experts, is to form good living habits, alternate work with rest, exercise regularly, and take part in open-air activities.
As for meals, people are advised to eat less salt and sugar. They should eat more fresh vegetables, fruits and fish, because they are rich in nutritional(营养的)elements—vitamins and tiny elements—that are important to the body.
Nutrition experts point out that it is not good to eat too much at one meal because it may cause unhealthy changes in the digestive tract. They also say that a balanced diet is very helpful in avoiding subhealth.
小题1:According to this passage, when you are in a state of subhealth, you should       .
A.stay home and keep silentB.go to see a doctor and buy some medicine.
C.have yourself examined in foreign countries
D.find out the reasons and relax yourself
小题2:Middle-aged people may feel subhealthy, because they       .
A.have used up their energyB.have lost their living hopes
C.have more pressure in life and workD.began to get older and older
小题3:As for food, experts suggest that we should        .
A.never eat meatB.have meals with less salt and sugar
C.eat lessD.have meals without salt or sugar
小题4:The underlined word “alternate” in this passage means        .
A.arrange by turnB.cause to take placeC.keep upD.take up