问题 问答题

本案最后的诉讼时效期间应当如何计算被告B公司以原告的请求已经过了诉讼时效的理由进行抗辩,能否成立

答案

参考答案:本案例中最后的诉讼时效应从1999年9月20日起开始计算。根据民法通则的规定,诉讼时效因提起诉讼、当事人一方提出要求或者同意履行义务而中断,从中断时起,诉讼时效期间重新计算。本案中1999年9月20日A公司曾派人到B公司要求偿还价款,引起诉讼时效的中断,而之后在起诉前,A公司未再向B公司提出要求,所以本案中诉讼时效应从1999年9月20日计算。根据对第1问的回答,本案应当适用2年的诉讼时效,因此A公司在2001年7月5日向人民法院起诉没有超过诉讼时效,被告B公司以原告的请求已经过了诉讼时效为理由进行抗辩不能成立。

阅读理解
阅读理解。
     Mr. Shaw wrote a lot of stories and people in the world knew him well. He didn't like the arrogant
(傲慢的) rich (富有的) men and often laughed at them. So people liked him very much.
     A lot of men hoped to know Mr. Shaw. One day a famous singer asked him to her party. When
Mr. Shaw came in, all the people stood up except a young man. The young man's father was one of
the richest men in England and he was studying in Paris (巴黎). He thought he knew much more than
anyone else in the room. He talked a lot and tried to show he was a know-all (自以为无所不知的人).
All the people listened to him and nobody would interrupt (打断) him. It made Mr. Shaw unhappy.
    "Please listen to me, my friend," Mr. Shaw had to stop him. "I think only we both know the things
in the world!"
     Hearing this, the young man was happy.
     "Maybe you know all," said Mr. Shaw. "But you don't know one thing!"
     "We are all tired of you," Mr. Shaw said with a smile. "Just I know it!"
     The young man's face turned red and didn't say anything until (直到) he left.
1. Mr. Shaw was ______.

[ ]

A. a great singer
B. a famous writer
C. a doctor
D. a famous teacher
2. All the people stood up when Mr. Shaw went in because            .

[ ]

A. they all respected (尊敬) him
B. they were all afraid of him
C. the singer made them do so
D. they wouldn't listen to the young man
3. The people at the party wouldn't interrupt the young man because            .

[ ]

A. he could tell them something interesting
B. he was studying in the capital of France
C. he was clever than them all
D. they didn't want to make him unhappy
4. At last the young man stopped talking because ______.

[ ]

A. nobody listened
B. he was very tired
C. he knew he was wrong
D. Mr. Shaw's words made him do so
5. Which of the following is not true?

[ ]

A. Mr. Shaw was tired of the young man.
B. The young man thought he learned a lot in Paris.
C. The young man said sorry to Mr. Shaw.
D. The young man knew that Mr. Shaw laughed at him.
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