问题 单项选择题

【真题试题】(2008年单项选择第24题)

A.丙的请求合法,应当支持

B.丙的请求不能得到法律支持,应承担保证责任

C.丙是受乙欺诈而作出的保证,可以请求撤销

D.甲与丙之间的保证应当无效,因丙无任何利益

答案

参考答案:B

解析:【真题解析】  本题考点为保证责任及其免除。我国《担保法》第6条规定:“本法所称保证,是指保证人和债权人约定,当债务人不履行债务时,保证人按照约定履行债务或者承担责任的行为。”第30条规定:“有下列情形之一的,保证人不承担民事责任:(一)主合同当事人双方串通,骗取保证人提供保证的;(二)主合同债权人采取欺诈、胁迫等手段,使保证人在违背真实意思的情况下提供保证的。”《最高人民法院关于适用(中华人民共和国担保法)若干问题的解释》第14条规定:“不具有完全代偿能力的法人、其他组织或者自然人,以保证人身份订立保证合同后,又以自己没有代偿能力要求免除保证责任的,人民法院不予支持。”本题中丙并不具有不承担责任的情形。因此,本题正确答案是B.

单项选择题

Placing a human being behind the wheel of an automobile often has the same curious effect as cutting certain fibres in the brain.

The result in either case is more primitive behaviour. Hostile feelings are apt to be expressed in an aggressive way.

The same man who will step aside for a stranger at a doorway will, when behind the wheel, risk an accident trying to beat another motorist through an intersection. The importance of emotional factors in automobile accidents is gaining recognition. Doctors and other scientists have concluded that the highway death toll resembles an epidemic and should be investigated as such.

Dr. Ross A. McFarland, Associate Professor of Industrial Hygiene at the Harvard University School of Public Health, said that accidents “now constitute a greater threat to the safety of large segments of the population than diseases do. ”Accidents are the leading cause of death between the ages of 1 and 35. About one third of all accidental deaths and one seventh of all accidental injuries are caused by motor vehicles.

Based on the present rate of vehicle registration, unless the accident rate is cut in half, one of every 10 persons in the country will be killed or injured in a traffic accident in the next 15 years.

Research to find the underlying causes of accidents and to develop ways to detect drivers who are apt to cause them is being conducted at universities and medical centres. Here are some of their findings so far:A man drives as he lives. If he is often in trouble with collection agencies, the courts, and police, chances are he will have repeated automobile accidents. Accident repeaters usually are egocentric, exhibitionistic, resentful of authority, impulsive, and lacking in social responsibility. As group, they can be classified as borderline psychopathic personalities, according to Dr. McFarland.

The suspicion, however, that accident repeaters could be detected in advance by screening out persons with more hostile impulses is false. A study at the University of Colorado showed that there were just as many overly hostile persons among those who had no accidents as among those with repeated accidents.

Psychologists currently are studying Denver high school pupils to test the validity of this concept. They are making psychological evaluations of the pupils to see whether subsequent driving records will bear out their thesis.

Which of the following is true about the traffic accidents()

A. They have threatened the safety of the population as diseases do

B. They will claim 10 percent lives in the next 15 years

C.One third of victims in them are dead in the end

D. The underlying causes of them are still being detected

单项选择题