问题 单项选择题

某普通合伙企业的合伙人共同委托合伙人甲执行合伙企业事务,但对甲执行合伙事务的权利作了一定的限制。在经营过程中,甲超越权限与某公司签订了一份房屋租赁合同,该公司并不知道甲超越了权限。对此签约行为,下列表述正确的是( )。

A.该行为对合伙企业有效,该合伙企业应承担相应的民事责任

B.该行为对合伙企业及全体合伙人不生效,其产生的民事责任由甲承担

C.该行为属于可撤销的民事行为,全体合伙人可申请人民法院予以变更或撤销

D.该行为属于效力待定的民事行为,经全体合伙人追认,可产生效力

答案

参考答案:A

解析: 本题的考点是合伙企业与第三人的关系。根据《合伙企业法》第37条的规定:“合伙企业对合伙人执行合伙事务以及对外代表合伙企业权利的限制,不得对抗善意第三人。”本题中,甲的行为虽然超越了委托权限,但合伙企业并不能因此免予承担民事责任。因此,本题的正确答案是A。

单项选择题
填空题



The Commission is expected to propose allowing people to choose which legal jurisdiction they would come under, based on their (1) or their residency. But the proposal is set to (2) because of the very different laws on divorce that apply across the EU. The Commission wants to (3) problems over which law to apply when, for example, a married couple from one member state is (4) in another member state or when the couple is of different EU nationalities.
The (5) of member states are said to be (6) the idea and responded positively to a (6) which followed the (8) of a Commission Green Paper. With 15 percent of German divorces each year involving couples of different nationalities, the government of Berlin (9) see resolved the issue of which laws should apply.
But some member states are expected to resist the (10) which would involve allowing different divorce laws to be applied in their countries. For example, in Ireland where the divorce law states a couple must have been separated for four years, establish that their marriage has broken down and be offered (11) , a couple from Sweden could apply to an Irish court to allow them to divorce under Swedish law, where divorce can be (12) quickly.
The Irish government’s (13) to the Commission on the Green Paper stated: "Ireland is not in favor of allowing (14) to choose the applicable law, as this could be open to abuse.., such abuse would be likely to (15) most on divorce regimes, such as that of Ireland, which require a relatively long separation period." Ireland, like the UK, however, is allowed to choose whether to "opt-in" to such a proposal under rules agreed in the Amsterdam treaty. Malta has no such (16) but could (17) the proposal in the Council of Ministers since (18) approval will be required.
"It is going to lead to (19) ," said Geoffrey Shannon, Irish expert on the Commission on European Family Law, which examines the (20) of EU family law.
The proposal would also mean that judges would have to be trained in the divorce law of all 25 member states.