问题 问答题

试述离婚时关于债务清偿的规定。

答案

参考答案:(1)共同债务的清偿。我国《婚姻法》第41条规定,离婚时,原为夫妻共同生活所负的债务,应当共同偿还。共同财产不足清偿的,或财产归各自所有的,由双方协议清偿;协议不成的。由人民法院判决。共同债务包括夫妻共同生活和共同生产、经营所负的债务。清偿顺序:首先,用夫妻共同财产清偿。其次,夫妻共同财产不足或财产归各自所有时,以各自法定个人所有或约定个人所有的财产予以清偿,没有夫妻个人财产或个人财产不足时,双方协议清偿,协议不成时,由人民法院判决。但债权人仍有权就夫妻共同债务向男女双方主张权利。一方就共同债务承担连带清偿责任后,可向另一方追偿。夫妻一方死亡,生存方对共同债务承担连带责任。
(2)个人债务的清偿。个人债务一般包括婚前购置财产所负的债务及其他婚前个人债务:婚后一方未经对方同意,独自筹资从事经营活动,其收入确未用于共同生活所负的债务;婚后一方未经对方同意,擅自资助与其没有扶养义务的亲友所负的债务;双方约定由个人负担的债务。个人债务应以个人财产清偿,对方不负连带清偿责任,但对方愿意清偿的除外。债权人就一方婚前所负的个人债务向债务人的配偶主张权利的,人民法院不予支持。

填空题

阅读下面短文,用括号内所给动词的适当形式填空 (必要时可加情态动词或助动词)。

       Henry found a job in a bookstore after he finished middle school. He wouldn't do anything but wanted to get

rich.

       It was a cold morning. It 1._______ (snow) and there was thin ice on the streets. Few people went to buy

the books and the young man had nothing 2.______ (do). He hated to read, so he watched the traffic. Suddenly

he 3.______ (see) a bag fall off a truck and it landed by the other side of the street.

       "It 4.             (be) full of expensive things." Henry said to himself. "I have to get it right now, or others

5.______ (take) it away." 

       He went out of the shop and ran across the street. A driver saw him and began to whistle (鸣笛), but he

didn't hear it and went on 6.______ (run). The man drove to the side, hit a big tree and 7.______ (hurt) in the

accident. Two weeks later Henry was taken to court. A judge asked if he heard the whistle when he was running

across the street. He said that something was wrong with his ears and he could hear nothing.

       "But you 8.______ (hear) me this time," said the judge.

       "Oh, I'm sorry. Now I can hear with one ear."

       "9.______ (cover) the ear with your hand and listen to me with your deaf one. Well, can you hear me?"

       "No, I can't, sir." 

       "You 10.______ (tell) lies. There is nothing wrong with either of your ears." The judge said.

选择题