问题 问答题

两公司自行达成的分期还款协议是否有效法院对此协议应如何处理

答案

参考答案:亨通公司和天银集团自行达成的和解协议有效。因为当事人对民事权利具有处分权,在执行程序中自行达成和解协议是处分其民事权利的表现。法院应当将和解协议副本附卷,如无书面和解协议,应将和解协议内容记人笔录,由双方当事人签名盖章。

解析:考点:执行和解执行异议代位执行
  讲解:《民事诉讼法》第211条规定,在执行中,双方当事人自行和解达成协议的,执行员应当将协议内容记人笔录,由双方当事人签名或者盖章。
  一方当事人不履行和解协议的,人民法院可以根据对方当事人的申请,恢复对原生
  效法律文书的执行。
  由此可知,两公司的行为属于执行和解。

阅读理解

阅读理解。

       In October on the east coast of Australia migrating(迁徙) humpback whales (座头鲸) pass 

very close  to  the shore. With the help of Max Egan, we went to film them near Byron Bay. It

was extremely exciting to spot the little puffs(水柱)of spray on the horizon. When migrating, the

whales can be traveling at speeds of about 12 km an hour and can dive under anywhere between

five and forty minutes, but with many years of experience Max usually guided our boat to exactly

the right place to provide us with amazing sighting. As the whales break the surface like submarines

(潜水艇 ) , the water spills off their broad dark backs and huge tails. Then, with a powerful down

stroke ,they dive back into the depths of the sea, leaving just a smooth glassy patch of water or

"footprint" on the surface to show where they had been.

     One day we had traveled up and down the shore and far out to the sea in search of whales, but

the horizon was deserted. There was no report of whales in the area so we

decided to test out Max's new, highly sensitive hydrophone (水中听音器) and the result was

astonishing. As soon as the hydrophone was in the water, we found ourselves listening to the most

beautiful voices. What may have seemed like a vast empty ocean filled with the singing of whales.

     It is the males which sing,as they migrate between feeding and breeding (养育) grounds. No one

knows for sure what the purpose of these songs is,whether they are love songs to the females or

warnings to other males to stay away.

    It was thought that each population of hump backs had its own song which remained regular but

recent findings suggest that the whales appreciate a memorable tune (曲调)and quickly adopt any

new songs they hear.

1. Which finding about the whale is beyond the writer's expectation?     

A. The little puffs.

B. The songs of whales.

C. The traveling speed of the whale.

D. The depth of the whales' dive.

2. What do we know about Max?    

A. He likes whales very much.

B. He is a brave scientist on whales.

C. He is an experienced man in finding whales.

D. He is an expert in making hydrophones.

3. The author's main purpose of looking for whales in the passage is___________.

A. carrying out research on whales

B. studying the beautiful songs of whales

C. making films about whales

D. hunting whales for research

4. What's the wrong opinion about whales before according to the passage?     

A. Each group of humpbacks had the song of their own

B. Whales can't sing to each other.

C. Whales aren't easy to find.

D. The whale can't dive in the sea as long as forty minutes.

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