问题 问答题


张某一日在路上行走,一辆面包车紧急刹车将张某刮伤,张某因此花去医疗费若干。伤愈后张某向人民法院起诉面包车主陈某,赔偿医疗费5万元。一审法院适用简易程序审理了此案。案件中,主审法官认为该案事实清楚,权利义务关系明确,未经调解,直接判决陈某赔偿医疗费5万元。陈某不服,提出上诉。二审中,陈某提出一审庭审结束后新发现的证据,证明张某有伪造医疗费用单据的行为。后二审法院对该案进行调解,当事人达成协议,陈某赔偿张某医疗费3万元,案外人杨某同意为陈某提供担保。人民法院制作调解书时列明杨某为担保人,并将调解书送交杨某,但杨某拒绝签收。
问题:

杨某拒绝签收调解书,调解书是否生效?为什么?杨某的担保于何时生效?

答案

参考答案:

解析:生效。案外人提供担保的,人民法院制作调解书应当列明担保人,并将调解书送交担保人。担保人不签收调解书的,不影响调解书生效。杨某的担保于符合担保法规定的条件时生效。《调解规定》第11条第2、3款规定,案外人提供担保的,人民法院制作调解书应当列明担保人,并将调解书送交担保人。担保人不签收调解书的,不影响调解书生效。当事人或者案外人提供的担保符合担保法规定的条件时生效。因此,本案中,杨某拒绝签收调解书,不影响调解书的生效。杨某的担保于符合担保法规定的条件时生效。

单项选择题 B型题
阅读理解

阅读理解。

     The Lego Group had a very low beginning in the workshop of Ole Kirk Christiansen, a carpenter (木匠)

from Denmark. Christiansen began creating wooden toys in 1932. Two years later, he came upon the Lego

name by putting together the first two letters of the Danish words Leg and God, which mean "play well."

The name could be interpreted as "I put together" in Latin; it is also similar to the Greek verb meaning

"gather" or "pick up".

     In 1947, the company enlarged to making plastic toys. At first, the use of plastic for toy production

was not highly regarded by salesmen and consumers of the time. Many of the Lego Group's shipments

were returned, following poor sales. However, Christiansen's son, Gottfried Kirk Christiansen, saw the

great potential (潜能) in Lego bricks to become a system for creative play-As the junior managing director

of the Lego Group, he spent years trying to improve the "locking" ability of the bricks and made the bricks

more versatile (多用途). In 1958, the modem interlocking brick design was finally developed and patented

(获得专利).

     Today Lego is sold in more than 130 countries. Every minute 33,824 Lego bricks are made, and kids

around the world spend 5 billion hours a year playing with Lego. There will be more than 400 million

people playing with Lego bricks this year. On average, every person in the world owns 62 Lego bricks,

and about seven Lego sets are sold every second.

     This year Lego fans all over the world are celebrating the 50th anniversary of the tiny building blocks.

Though already 50 years old, Lego is still the same product it was in the 1950s.

     Bricks bought then are still compatible (兼容的) with present bricks and that is probably the reason

the toy has never fallen out of favor.

1. Which of the following is true about the name Lego?

A. It is a combination of Greek and Latin words.

B. It was created by Ole Kirk Christiansen's son.

C. It was created in 1947 for naming the plastic toys.

D. It came from Danish words meaning "play" and "well."

2. When did the Lego brick become as a creative form of toy?

A. 1958.

B. 1947.

C. 1934.

D. 1932.

3. Which of the following is true in describing the popularity of Lego?

A. More than 5 billion people in the world own Lego sets.

B. Children spend an average of 62 dollars on Lego bricks each year.

C. People in the world spend 400 million hours playing with Lego every year.

D. The Lego Group now produces more than 30 thousand toy bricks every minute.

4. What is most likely the reason why Lego still remains popular?

A. Old Lego bricks may still be connected to new ones.

B. The company hasn't changed its name since 1 947.

C. The material for the bricks has proved to be safe.

D. The price of the toy is relatively, reasonable.