问题 单项选择题

(二)
某进出口公司与某钢厂于某年1月签订了一份购销钢坯合同。该合同约定:钢厂供给进出口公司钢坯1万吨,每吨单价1400元;同年7月20日前交货5000吨,8月30日前交货5000吨;进出口公司分3次于当年3、6、7月预付货款900万元。该合同签订后,进出口公司于同年3月17日付给钢厂500万元,6月8日付200万元,6月18日付200万元,计900万元。该年6月20日,钢厂以钢材价格上涨为由,向原告提出变更合同要求。几经协商,双方于7月6日签订了“修改合同协议书”,一致同意对原合同条款作如下修改:(1)价格每吨1550元,运费由双方平均负担;(2)供货数量6000吨;(3)交货期:8月15日前出运2000吨,9月15日前出运4000吨;(4)进出口公司已付给钢厂的900万元货款,作为购货定金;(5)其余货款在最后一批货物发出后3日内,由公司一次性付给钢厂;(6)此协议经双方签字盖章后立即生效,公司负责按合同付款,钢厂负责按合同规定交货;(7)此协议是对原合同的最后一次修改,原合同的其他条款不变。双方在此协议上签字盖章。该修改协议签订后,钢厂以钢材价格上涨为由,又提出变更合同价格的要求,但公司未予同意。因公司已与外商签订了钢坯购销合同,外商也开出信用证,所以公司多次请求钢厂履行合同。但钢厂在合同履行期内,未向公司供应钢坯。公司于当年9月28日向人民法院提起诉讼,请求人民法院判令钢厂继续履行交付钢坯的合同义务并判令钢厂按照定金罚则承担责任。钢厂抗辩:合同未履行是因为行政机关的一份文件下达后,钢坯、钢材价格上涨,发生了不可抗力;履行合同是基于紧急避险的考虑;被告要求延期履行合同,原告应准许,原告不同意的行为属于过错行为。另外,定金数额约定过高,该定金条款应无效。

在人民法院受理本案后,公司发现钢厂存在秘密隐匿、转移钢坯的行为,则公司可以向法院申请( )。

A.民事制裁措施

B.诉前财产保全

C.诉讼财产保全

D.先予执行

E.强制执行

答案

参考答案:C

解析: 本题考核诉讼财产保全。诉讼中的财产保全,是指人民法院在受理案件以后,生效的法律文书执行以前,可能因当事人一方的行为或其他原因,使即将作出或已经作出的法律文书不能执行或难以执行时,根据当事人的申请或依照职权对案件所涉及的财产或争议的标的物采取查封、扣押、冻结等强制性措施。本题中,在人民法院受理案件后,公司发现钢厂有隐匿、转移钢坯的行为,可能导致将来法院的判决无法实际执行,此种情况下,公司可以申请法院诉讼财产保全,法院认为必要的时候也可以依职权作出诉讼财产保全。

单项选择题 共用题干题
阅读理解

Topping the class academically was certainly an advantage. For Nigel, studying was a piece of cake. The reward was certainly much bigger compared to the little effort Nigel had made. It all began when he was selected to help the teachers in the computer laboratories. And the peak of his school career came not when he topped the class but when he was selected for the nationwide competition.

Unlike everyone else, Nigel wanted to join in the contest because he liked playing with the Lego sets(乐高积木) and making something out of them. Nigel spent two months building his robot. It was during the time that Nigel found out about the big prize for the competition as well as a competitive rival(对手), Alicia, from a neighboring school. His early intentions were forgotten. Getting the thousand-dollar prize was more important than anything else. Nigel decided to make friends with Alicia. Unaware of his intentions, she told him all about the robot that she had been building for the competition. He even helped her to put the finishing touches(收尾工作) to her robot. He was glad with the way things had progressed. His robot looked even better than Alicia's and it was able to play a ball with its arm, something Alicia had failed to do.

On the day of the competition, he saw Alicia. Everything became clear the minute she saw him among the competitors. She stared at him, puzzled at first, then angry and finally a look of helplessness came over her.

The flashbulbs (闪光灯) of the camera exploded in Nigel's face. The robot had performed actions so unique and different that the specialists' judgments were the same. Nigel was so pleased with himself that he did not even notice the girl standing a few feet away from him. Without her, he would never have won the competition.

小题1:What reward did Nigel receive for doing well in his school work?

A.He was offered a part-time job.

B.He was honored with a scholarship.

C.He helped his teachers build a robot.

D.He helped in the computer laboratories.小题2:Nigel's original intention of joining the contest was to ___     .

A.win honor for his school

B.be the top student of the school

C.build a robot with the Lego sets

D.win the thousand-dollar prize小题3:Why did Nigel help Alicia finish her robot?

A.He intended to help her.

B.He was fond of building robots.

C.He wanted to be her real friend.

D.He didn't want her to suspect (怀疑) him.小题4:What is the author's attitude towards Nigel's actions?

A.Favorable

B.Critical (批评的)

C.Doubtful

D.Sympathetic