问题 单项选择题

甲企业与乙银行签订借款合同,借款金额为10万元人民币,借款期限为1年,由丙企业作为借款保证人。合同签订3个月后,甲企业因扩大生产规模急需资金,遂与乙银行协商,将贷款金额增加到15万元,甲和银行通知了丙企业,丙企业未予答复。后甲企业到期不能偿还债务。该案中的保证责任应如何承担

A.丙企业不再承担保证责任,因为甲与乙变更合同条款未得到丙的同意

B.丙企业对10万元应承担保证责任,增加的5万元不承担保证责任

C.丙企业应承担15万元的保证责任,因为丙对于甲和银行的通知未予答复,视为默认

D.丙企业不再承担保证责任,因为保证合同因甲、乙变更了合同的数额条款而致保证合同无效

答案

参考答案:B

解析:[测试点] 保证责任与主债务的关系。 《担保法解释》第30条第1款规定:“保证期间,债权人与债务人对主合同数量、价款、币种、利率等内容作了变动,未经保证人同意的,如果减轻债务人的债务的,保证人仍应当对变更后的合同承担保证责任;如果加重债务人的债务的,保证人对加重的部分不承担保证责任。” 本题中丙企业为甲企业向乙银行借款10万元人民币提供担保,后甲企业与乙银行协商将贷款金额增加到15万元,虽然通知了丙企业,但丙企业未予书面的答复。由于他人单方意思表示不能对相对人发生拘束力,故将沉默推定为默认必须有法律的明确规定,本案中沉默不能视为默认。因此,丙企业对10万元仍应承担保证责任,而对于增加的5万元不承担保证责任。故应选B项。

填空题

Part 1


·Read the article below and choose the best sentence from the list on the next page to fill each of the gaps.
·For each gap (1-8) mark one letter (A-H) on the Answer Sheet.
·Do not mark any letter twice.

Noise


Do you think there is too much noise in our city If you live near the airport, you’ll be unhappy only because a jet plane flying in the sky makes loud noise. The sound of planes or heavy vehicles is likely to cause deafness if heard continuously.
(1) They like to enjoy music when they are doing dull jobs. It is a new danger because "pop" music, when played through powerful amplifiers, can reach 120 decibels at a distance of 5 feet. (2) Recently it was discovered that many teenagers hear no better than people as old as 65. (3) For example, when newspapers and books are being printed, the noise level is about 85 decibels, and some of the workers will eventually become deaf. Scientists believe that 10 percent of all workers in Britain are being deafened by the noise in the factories.
(4) We all know that too much noise makes life difficult and unpleasant. (5) Workers in noisy offices are not as efficient as those in quiet offices. Noise makes people less efficient. (6)
In Britain the government has recently made several laws to reduce noise. (7) However, many people think that there are still not enough laws. For example, there are no laws to control noise by machines. In Japan, America and Norway there are such laws. (8)
Scientists in our country are trying their best to find out one way or another to keep down noise.
  • A. Moreover, noise of less than 85 decibels can make some people tired and anxious.
  • B. However, most people in our city do not seem to mind noise.
  • C. Moreover, the government has spent a good deal of money in making airports and main roads quieter.
  • D. It can damage health and prevent people from working well.
  • E. Can anything be done to reduce or control noise
  • F. It is known that a continuous noise of over 85 decibels can cause deafness.
  • G. We used to think that only those who work in very noisy places became deaf.
  • H. As a result, workers can claim compensation if they become dea


单项选择题