问题 单项选择题

下列债的履行中,属于适当履行的有()。

A.甲乙丙3人各出资5万元合伙开了一家饭店,因经营不善,亏损18万元,债权人丁要求甲承担全部还款责任,甲只承担了属于自己份额的6万元

B.甲是一个画家,与乙宾馆签订协议由甲为该宾馆作画3幅,后甲因出国讲学,遂委托学生代其作画6幅交给乙宾馆

C.甲企业应付乙公司货款10万元,由于乙公司已进入破产程序,遂把10万元的货款交给了清算组

D.某公司为办理变更登记聘请甲代为办理,双方约定:在适当的情况下,可以由第三人代甲办理此事。由于甲生病住院,遂委托17岁大学生的乙代为办理

答案

参考答案:C

解析:

A错,《民法通则》第87条规定:“债权人或者债务人一方人数为2人以上的,依照法律的规定或者当事人的约定,享有连带权利的每个债权人,都有权要求债务人履行义务;负有连带义务的每个债务 A,都负有清偿全部债务的义务,履行了义务的人,有权要求其他负有连带义务的人偿付他应当承担的份额。”《民法通则》第35条规定:“合伙的债务,由合伙人按照出资比例或者协议的约定,以各自的财产承担清偿责任。合伙人对合伙的债务承担连带责任,法律另有规定的除外。偿还合伙债务超过自己应当承担数额的合伙人,有权向其他合伙人追偿。”

B错,因甲的债务需甲亲自履行,由甲的特殊技能才能完成,在性质上属于不可移转的债务。

C对,因其符合法律的规定;D错,因代为履行的第三人必须具有完全民事行为能力。

阅读理解

三、阅读(共两节,满分40分)

第一节阅读理解(共15小题;每小题2分,满分30分)

  阅读下面短文,从每题所给的A、B、C和D项中选出最佳选项,并在答题卡上将该项涂黑。

I was working as a consultant in a beer company, helping the president and senior vice-presidents form and carry out their new planning projects. It was really a great challenge.

At the same time, my mother was in the final stages of cancer.

I worked during the day and drove 40 miles home to be with her every night. It was tiring and stressful, but it was what I wanted to do. My commitment was to continue to do excellent consulting during the day, even though my evenings were very hard. I didn’t want to bother the president with my situation, yet I felt someone at the company needed to know what was going on. So I told the vice-president of Human Resources, asking him not to share the information with anyone.

A few days later, the president called me into his office.

I figured he wanted to talk to me about one of the many issues we were working on. When I entered, he asked me to sit down. He faced me from across his large desk, looked me in the eye and said, “I hear your mother is very ill”.

I was totally caught by surprise and burst into tears. He just looked at me, let my crying subside(平息), and then gently said a sentence I will never forget: Whatever you need.

That was it. His understanding and his willingness both to let me be in my pain and to offer me everything were qualities of sympathy that I carry with me to this day.

1.When the author was working in a beer company, his mother        .

A.was concerned about him                            B.drew the president’s attention

C.was seriously ill                                          D.was proud of her son

2.Although he felt tired and stressed, he felt it his duty        .

A.to carry out their new strategic vision

B.to avoid bothering the president

C.to tell the vice-president his difficult situation

D.to do his job well and look after his mother

3.Most probably, the president got the information from        .

A.a relative of the author’s             B.the vice president

C.the author’s good friends             D.the author’s colleagues

4.Which of the following can be used to best describe the president?

A.Considerate.  B.Intelligent.  C.Honest.   D.Consultative.

5.Which of the following can be the best title of this passage?

A.Understanding Is Everywhere        B.Generous President

C.Sympathy Is Needed                D.An Unforgettable Memory

问答题 论述题