问题 多项选择题

2006年9月1日,甲欠乙20万元,清偿期为12月31日,由丙担任一般保证人,保证期间是2006年9月1日至12月31日。现甲到期不偿还债务,乙于2007年4月10日到法院起诉,要求甲履行债务。法院于同年6月12日作出判决,要求甲向乙偿还20万元债务,若甲放弃上诉,该判决应于同年6月27日生效。则下列陈述中正确的有:

A.丙承担保证责任的诉讼时效为从2007年6月27日起2年内

B.丙承担保证责任的诉讼时效为从2007年4月10日起2年内

C.丙的保证期间视为没有约定

D.丙的保证期间为从清偿期届满之日起 6个月

答案

参考答案:A,C,D

解析:[考点] 保证责任诉讼时效与保证期间
依据《担保法解释》第 34条第1款规定:“一般保证的债权人在保证期间届满前对债务人提起诉讼或者申请仲裁的,从判决或者仲裁裁决生效之日起,开始计算保证合同的诉讼时效。”根据《民法通则》的有关规定,民事权利的一般诉讼时效应为自法院判决生效之日起2年,即从 2007年6月27日起2年。故本题A项正确,B项不正确。《担保法解释》第32条第1款规定:“保证合同约定的保证期间早于或者等于主债务履行期限的,视为没有约定,保证期间为主债务履行期届满之日起6个月。”由于本题中约定的保证期间等于主债务清偿期,故应视为没有约定,丙的保证期间为从主债务清偿期届满之日起6个月。故本题CD项正确。

多项选择题 案例分析题
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They can be seen more frequently than ever before on college campuses, wearing thick-rimmed glasses while listening to indie(独立的) music. One might find them playing unusual musical instruments, shopping at second-hand stores or expressing themselves in other unique ways. They call themselves hipsters. Being “hip” used to mean following the latest fashion. But gradually the word has evolved into a synonym for “cool”.

Hipsters value independent thinking, progressive politics, an appreciation of creativity and intelligence. Hipsters take pains and pride in not being mainstream. However, their culture has become quite trendy. This irony is central to their culture and offers an interesting paradox.

“I do take things in the mainstream with a grain of salt,” says Ben Polson, a college student at Brown University in the US. Polson describes himself as a hipster and says he often questions what determines popularity, especially regarding music.When lesser-known bands become popular they often lose their former fan base in exchange for a new one. There is a famous hipster saying that goes: I used to like that band before it got popular.

According to Polson, bands’ music changes when they go mainstream. They become “less experimental, doing things just to save popularity and fans. The original elements that we were drawn to slowly dwindle for the sake of popularity.”

Many young adults have started to view hipsters’ outlook as cool and are adopting their counterculture mindset (心态)themselves. This has led to specialized brands, stores and music for the hipster position. Ironically, some such stores, including clothing labels Urban Outfitters and American Apparel, have gained mainstream popularity. This has seemingly diluted(冲淡) the anti-mainstream culture.

“A lot of people that are self-defined hipsters aren’t really hipsters, they’re just trying to conform to the non-conformist(不墨守成规者) to seem cooler,” says Amanda Leopold, a college student from Oberlin College, US. Although Leopold has many unconventional tastes and seems quite individualist, she refuses to classify herself as a hipster.

There is a conflict among hipsters about the very definition of the label. To some, to be a hipster is to be free from cultural constraints. To others, it means wearing a certain style and listening to a specific style of music. The former constantly strives for uniqueness, while the latter strives not to be mainstream.

And yet, the movement is gaining mainstream popularity. “It’s kind of the trend these days; everyone wants to be hip so no one’s hip,” says Leopold. “There have been hipsters since the seventies. It’s only become popular recently.”

Hipsters reject materialism and laugh at mainstream culture. But are they really beyond material comforts? Do they have any ideas of their own if they despise mainstream so much?

Christy Wampole, an associate professor of literature at Princeton University, US, is not so sure. She says the hipster is a contradiction in himself and an easy target of mockery(嘲弄). Writing in The New York Times, Wampole paints a less appreciative picture of a typical hipster.

“The hipster is a scholar of social forms, a student of cool. He studies continuously, searching for what has yet to be found by the mainstream. He is a walking citation(例证); his clothes refer to much more than themselves. He tries to negotiate the age-old problem of individuality, not with concepts, but with material things.”

小题1:From the passage we can know that hipsters are ____________________________.

A.a group of people who are self-denied

B.a group of students who are good at musical instruments

C.people who follow the latest trends and fashions

D.people who pay no attention to material things小题2:The underlined word dwindle in the fourth paragraph may probably mean______________.

A.enlarge

B.delete

C.disappear

D.decrease小题3:Leopold refuses to classify herself as a hipster because_______________________.

A.she doesn’t like her own unconventional tastes

B.there are too many specialized brands, stores and music for the hipster position

C.she thinks that a lot of people that are self-defined hipsters aren’t really hipsters

D.the hipsters’ culture has become quite trendy小题4:When Leopold said “It’s kind of the trend these days; everyone wants to be hip so no one’s hip”, we can see that she felt a bit ______________.

A.happy

B.disappointed

C.excited

D.content小题5:The passage mainly tells us ________________________.

A.the difficult situation of hipsters

B.the trend of fashion

C.the changes of the society

D.the culture of hipsters