问题 多项选择题


甲、乙签订了一份借款合同,甲为借款人,乙为出借人,借款数额为500万,借款期限为2年。丙、丁为该借款合同进行保证担保,担保条款约定,如果不能如期还款,丙、丁承担保证责任。戊对甲、乙的借款合同进行了抵押担保,担保物为一批布匹(价值300万),未约定担保范围。请回答:

设甲、乙之间合同有效,甲与乙决定推迟还款期限1年,并将推迟还款协议内容通知了丙、丁和戊,丙、丁、戊是否承担担保责任

A.丙、丁、戊均应承担担保责任

B.丙、丁、戊均不承担担保责任

C.丙、丁可不承担保证责任

D.戊仍应承担抵押担保责任

答案

参考答案:C,D

解析: 依照《担保法解释》第30条的规定(《担保法》第24条不再适用),主债务履行期限变更未经过保证人书面同意的,保证人仍然承担保证责任,只不过保证期间仍为原定的期间(第2款)。循此原理再来看本题的案情。本题中丙、丁为一般保证人(《担保法》第17条),也未约定保证期间,依照《担保法》第25条规定,应推定为6个月,从原定的还款期限届满之日起算,超过保证期间的,保证人免除保证责任。本题干交待的情节是“甲与乙决定推迟还款期限1年”,这意味着如果将来甲到期不能还款的事实发生的话,从原定的还款期限届满之日起算至少已经经过了1年了,原定的保证期间早已经过了,丙、丁的责任被免除。 但是,作为抵押人的戊,仍应承担抵押担保责任,依据见《物权法》第202条:抵押权人应当在主债权诉讼时效期间行使抵押权;未行使的,人民法院不予保护。据此,抵押权的法定实现期间应该与普通债务的诉讼时效期间一致也就是2年。本题仅仅推迟1年,可见尚未超过抵押权的实现期间,所以抵押人戊仍应承担抵押责任。

阅读理解

Stephen used to work in a company. Unfortunately (不幸地), he got serious heart disease(疾病). He couldn't work for a long time. Thinking he could still do something for others, he decid­ed to be a volunteer at a Children's Hospital. Stephen loved children very much. With his love, he did his job well. Sometimes he lost his children. They died. At that time, he would tell these sad parents that he would soon be with their chil­dren in heaven (天堂) and he would take care of them. His words seemed to help those parents.

There was a girl who could not walk because of a disease. She couldn't do anything and she was very sad. What was worse, the doctors said that they could do little for her. Stephen decided to try to help her. He started visiting her, bringing paints, brushes and paper. He put the brush in his mouth and began to draw. He didn't use his hands at all. Only his head would move. He always told her that she could do anything she wan­ted.

At last she began to draw with her mouth. She and Stephen became friends. By and by, the little girl was getting better and better. She was allowed to leave the hospi­tal. One day. to Stephen's great surprise, she walked to see him on her own feet! She gave him a picture she had drawn. At the top, it read: “Thank you for helping me walk. It's all because of your love.”

Love can sometimes be more powerful than doctors and medicines. Love makes our world more beautiful and colorful.

Stephen died a few days after the girl gave him the picture.

小题1:Stephen couldn't work for a long time because he______________.

A.lost his job

B.got serious heart disease

C.decid­ed to be a volunteer at a Children's Hospital.

D.was busy helping others小题2:How did Stephen help the little girl in the hospital?

A.By visiting her.

B.By bringing her a lot of presents.

C.By offering his love.

D.By drawing a lot of pictures for her.小题3:Why did Stephen only move his head when he was drawing a picture?

A.Because he wanted to show how well he could draw.

B.Because he could only move his head.

C.Because the little girl liked him to do so.

D.Because he wanted to show the girl everything was possible.小题4:Which is the best title of the passage?

A.The girl's disease

B.Stephen's work

C.How the girl was saved

D.Love is more powerful

单项选择题